Madras High Court
R.Archanadevi vs The Chairman on 7 December, 2021
W.P(MD)No.19755 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 07.12.2021
CORAM
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
W.P(MD)No.19755 of 2021
& WMP(MD) No.16451 of 2021
R.Archanadevi ... Petitioner
Vs.
1.The Chairman,
Tamil Nadu Public Service Commission,
TNPSC Road,
Park Town,
Chennai-600 003
2.The Controller of Examination,
Tamil Nadu Public Service Commission,
TNPSC Road,
Park Town,
Chennai- 600 003 ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Mandamus, directing the respondents to
permit the petitioner to upload the certificates relating to her educational
qualification for onscreen certificate verification for oral test for the post of
Agriculture Officer(Extension) included in the Tamil Nadu Agriculture
Extension Service for the year 2019-2020 and 2020-2021 and alternatively
permit the petitioner to produce the certificates relating to her educational
qualification for physical verification and permit the petitioner to participate in
the oral test.
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W.P(MD)No.19755 of 2021
For Petitioner : Mr.D.Shanmugaraja Sethupathi
For Respondents : Mr.J.Anand Kumar
ORDER
Heard Mr.D.Shanmugaraja Sethupathi, learned counsel appearing for the
petitioner and Mr.J.Anand Kumar, learned counsel appearing for the
respondents.
2.This Writ Petition has been filed, seeking for issuance of a Writ of
Mandamus, to direct the respondents to permit the petitioner to upload the
certificates relating to her educational qualification for on-screen certificate
verification for oral test for the post of Agriculture Officer (Extension) included
in the Tamil Nadu Agriculture Extension Service for the year 2019-2020 and
2020-2021 and alternatively permit the petitioner to produce the certificates
relating to her educational qualification for physical verification and permit the
petitioner to participate in the oral test.
3.The case of the petitioner is that she applied to the post of Agriculture
Officer (Extension) which was called for by the respondents vide Notification
no.4 of 2021 dated 05.02.2021, through OnLine mode by 'direct recruitment'
included in the Tamil Nadu Agriculture Service. The petitioner appeared for
written examination conducted by the respondents on 18.04.2021 and the
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W.P(MD)No.19755 of 2021
results were published on 22.09.2021. The petitioner was provisionally
selected in the written examination and she was directed to upload the scanned
copies of the documents in support of her claims made in her application from
29.09.2021 to 07.10.2021 to appear for oral test. However, the petitioner failed
to upload the same within the stipulated time on the ground of her ill health
during the relevant period. The petitioner made a representation dated
18.10.2021 by enclosing the Medical Certificate to the respondents seeking
indulgence to permit her to upload the documents for On-screen certificate
verification after expiry of the date fixed by the respondents. However, her
representation was not considered by the respondents till date. Therefore, the
petitioner has come forward before this Court by way of the present Writ
Petition.
4.The learned counsel for the petitioner would submit that the petitioner
is hailing from rural area and having poor background and residing in a remote
village, where there are no proper facilities and hence, she has completed her
education with great difficulties and due to ill health, she could not upload the
certificates for Onscreen certificate verification within the time frame as
stipulated by the respondents. The learned counsel further submitted that she
has performed her written examination well and there is possibility to succeed
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W.P(MD)No.19755 of 2021
in the selection process and in view of the mistake committed by her that too
due to her ill health, her scope of getting job in the selection process should
not be defeated. He further added that out of 721 candidates, who have been
selected in the written examination, 719 candidates have already uploaded the
certificates and only two candidates, including the petitioner had failed to do
the same. Due to ill health, the petitioner could not upload the same at the
relevant point of time, but however, it is only certificate verification and the
certificate verification can be made even during oral test/interview, which yet
to be conducted and therefore, the learned counsel for the petitioner requests
this Court to invoke the jurisdiction of this Court under Article 226 of the
Constitution of India to consider the case of the petitioner.
5.Mr.Anand Kumar, learned counsel for the respondents would submit
that it is settled proposition of law that there cannot be any relaxation of the
notification and the if respondent keeps on allowing the candidates at every
stage of selection process on their representations, it would become an endless
process and the selection could not be finalized in time and this would affect
the declaration of result of those candidates, who had uploaded their certificates
promptly as called for by the respondents and it will amount to opening of
Pandora's box. He has also relied upon the judgment of the Hon'ble Division
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W.P(MD)No.19755 of 2021
Bench of this Court in W.A.No.1629 of 2021 filed by the Tamil Nadu Public
Service Commission as against the order dated 09.03.2021 made in WP.No.
1568 of 2021.
6.The learned counsel for the respondents has also referred to the
instructions issued in paragraph nos.12(I), 13(d) and 15 of the Notification
dated 05.02.2021, which read as follows:
Para 12(I)
Evidence for all the claims made in the online
application should be uploaded/submitted in time, when
documents are called for any subsequent claim made
after submission of online application will not be
entertained. Failure to upload/submit the documents
within the stipulated time limit will entail rejection of
Application.
Para 13(d)
Individual communication regarding the date and
time of Certificate Verification, Oral Test and
counselling (as applicable) will not be sent to the
applicants by post. The details will be made available
on the Commission's website. Applicants will be
informed of the above fact only through SMS and e-
mail and they should watch the Commission's website
in this regard. Commission is not responsible for non-
delivery of SMS/e-mail due to any reasons.
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W.P(MD)No.19755 of 2021
Para 15
Applicants should upload the required documents
for proof in respect of all the claims made in the
application with reference to this notification as and
when called for. If the required Certificates are not
uploaded by the applicant within the stipulated time,
his/her application will be rejected.
7.The learned counsel for the respondents has also referred to the
condition imposed in the Memorandum No.913/APD-D1/2021 dated
23.09.2021 Clause (iv) & (v) of para.3, which reads as follows:
"3(iv) If he/she fails to upload any one or more
of the documents/certificates within the stipulated time
limit, he/she will not be permitted to further stage of
the selection process and his/her candidature will be
rejected without any further notice.''..
Notes appended to very same memorandum reads as
follows:-
(v) Candidates who have been admitted
provisionally to the Onscreen Certificate Verification
are hereby advised to upload the scanned copy of all
the relevant documents without fail. Failure to upload
even any one of the essential documents within the
time limit stipulated above will result in their non-
admission to the next stage of selection and rejection of
their online application.''
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W.P(MD)No.19755 of 2021
8.This Court paid its anxious consideration to the rival submissions made
by the learned counsel on either side.
9. No doubt it is the settled proposition of law that the Notification issued
inviting applications akin to the selection process, cannot be delayed or
violated. But in this case, the issue is with regard to the uploading of the
certificates through the Online mode within the stipulated time and the
selection process is of three stages i.e., Written examination, Certificate
verification and Oral test/interview. In the present case, written examination
was completed and the petitioner has been provisionally selected and eligible to
appear for the Oral Test/Interview. Before the Oral Test/Interview, the
respondents have instructed the candidates to upload the certificates through
Online. In view of the present Pandemic situation, the schedule of the
Notification has been altered by the respondents and the date of the Oral
Test/interview has not been fixed so far. In such circumstances, the case of the
petitioner can be considered by the respondents sympathetically and she can be
given an opportunity to upload the certificates. Since it was only the certificate
verification and also the date of Oral Test/interview has not been fixed so far,
this Court is inclined to issue the following direction to the petitioner :
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W.P(MD)No.19755 of 2021
(i) The petitioner shall appear in person before the respondents and to
produce the certificates for verification on or before 16.12.2021.
(ii)If such certificates being produced, the respondents shall consider the
case of the petitioner sympathetically, in view of the present Pandemic situation
and if the petitioner is otherwise found eligible, shall allow the petitioner in the
process of Oral Test /Interview.
10.With the above directions, the Writ Petition is disposed of. No costs.
Consequently, connected miscellaneous petition is closed.
07.12.2021
Index : Yes / No
Internet : Yes/ No
dn
Note : In view of the present lock down owing to COVID-19
pandemic, a web copy of the order may be utilized for official
purposes, but, ensuring that the copy of the order that is
presented is the correct copy, shall be the responsibility of the
advocate/litigant concerned.
Note to Registry:
Issue order copy on 10.12.2021
B/o
dn
07.12.2021
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W.P(MD)No.19755 of 2021
To:
1.The Chairman,
Tamil Nadu Public Service Commission,
TNPSC Road,
Park Town,
Chennai-600 003
2.The Controller of Examination,
Tamil Nadu Public Service Commission,
TNPSC Road,
Park Town,
Chennai- 600 003
https://www.mhc.tn.gov.in/judis
W.P(MD)No.19755 of 2021
B.PUGALENDHI, J.
dn
W.P(MD)No.19755 of 2021
07.12.2021
https://www.mhc.tn.gov.in/judis
