Madras High Court

S.Tamil Selvi vs The Chairman on 2 July, 2021

                                                                               W.P.No.6598 of 2020

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  Dated: 02.07.2021

                                                       CORAM:

                                      THE HON'BLE MR.JUSTICE M.S.RAMESH

                                                W.P.No.6598 of 2020
                                                       and
                                               W.M.P.No.7820 of 2020

                     S.Tamil Selvi                                        ... Petitioner

                                                            Vs

                     1.The Chairman,
                       Tamil Nadu Public Service Commission,
                       T.N.P.S.C.Road, V.O.C. Nagar,
                       Park Town,
                       Chennai-600 003.

                     2.The Secretary,
                       Tamil Nadu Public Service Commission,
                       T.N.P.S.C. Road, V.O.C. Nagar,
                       Park Town,
                       Chennai-600 003.                                   ... Respondents
                     Prayer: Writ Petition filed under Article 226 of the Constitution of
                     India, praying for issuance of a Writ of Mandamus, directing the
                     respondents to consider the representation dated 09.03.2020 sent by the
                     petitioner and pass suitable orders in accordance with law within a
                     stipulated period by allowing her to participate in certificate verification.

                                           For Petitioner        : Mr.G.Umashankar

                                           For Respondent        : Mr.Balamurali Krishnan
https://www.mhc.tn.gov.in/judis/                                   Standing Counsel
                                                                               W.P.No.6598 of 2020


                                                         ORDER

By consent of both the parties, this Writ Petition is heard

through Video Conferencing today.

2. The petitioner herein is aggrieved against her non-selection

to the post called for under Notification No.19 of 2019 dated 14.06.2019.

Similarly placed persons, who were not considered for selection owing to

non-production of Persons Studied in Tamil Medium (PSTM)

Certificates, Community Certificates, Under Graduation and Post

Graduation Certificates, were also deprived of the selection and when

they had approached this Court by filing the Writ Petitions, ventilating

their grievances, this Court, in the cases of G.Tamilarasi Vs. Tamil

Nadu Public Service Commission in W.P.No.5726 of 2020 dated

11.12.2020 and J.Karthik Vs. Tamil Nadu Public Service Commission

in W.P.No.4866 of 2020 dated 05.02.2021, had allowed the Writ

Petitions. It is stated across the bar that the Writ Appeal in W.A.No.1329

of 2021, as against the order in W.P.No.4866 of 2020, was dismissed by

the Hon'ble Division Bench of this Court on 14.06.2021.

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3. The issue now seems to be settled by the learned Single

Judge of this Court and the relevant portion of the order in

G.Tamilarasi's case (supra) reads as follows:-

“8. When the matter was taken up for hearing earlier, this Court has directed the Commission vide interim order dated 04.03.2020, to permit the petitioner to attend the counseling on any one of the dates scheduled without prejudice to the rights of the parties in the writ petition. Thereafter, it appears that the petitioner was permitted to participate in the counseling and the certificates as required by the Commission were also produced to the satisfaction of the Commission. Ultimately, the petitioner being found eligible for appointment in the category for which she laid her claim, the provisional appointment has also been issued appointing the petitioner as Junior Assistant in Public Health and Preventive Medicine Department, in pursuance of her selection pursuant to the subject Notification. However, the appointment is stated to be subject to the disposal of the present writ petition.

9. On behalf of the respondent Commission, a counter affidavit has been filed. In the counter affidavit, it is stated that when the candidates were

https://www.mhc.tn.gov.in/judis/ informed of the selection procedure as stipulated in W.P.No.6598 of 2020

the Notification itself, it is the responsibility of the candidate to ensure that all the certificates were uploaded within the time stipulated by the Commission. As far as the Commission is concerned, the PSTM claim of the petitioner could not be considered in the absence of 10th Std certificate as a proof of petitioner having done her schooling in Tamil Medium of Instructions. Therefore, she could not be considered against the PSTM Quota.

10. Mr.NGR.Prasad, learned counsel for the petitioner, would submit that the petitioner cannot be faulted for the error, even assuming that the certificate in question has not been uploaded by the E-Seva Centre. The E~Seva Centre has in fact issued acknowledgment for having uploaded all the certificates, vide its receipt dated 07.12.2019. Therefore, the petitioner was under the bonafide impression that every requirement has been complied with.

11. In any event, he would submit that, now, the petitioner has been found to be eventually eligible for appointment and appointment order has also been issued, the writ petition may be disposed of in favour of the petitioner, taking note of the positive

https://www.mhc.tn.gov.in/judis/ development. W.P.No.6598 of 2020

12. Although in the facts and circumstances of the case, the petitioner cannot be faulted with for not uploading 10th Std PSTM certificate, at the same time, the Commission cannot also be blamed for originally not considering the claim of the petitioner. As far as the Commission is concerned, the required certificate did not reach the Commission-s office and therefore, there was no scope for the Commission to consider the petitioner against PSTM Quota.

13. In any case, this Court has intervened and passed interim orders and on the basis of which, the petitioner was allowed to participate in the counseling provisionally and ultimately the petitioner has been favoured with the provisional appointment order also. When the petitioner is found to be fully eligible for appointment and being appointed also as Junior Assistant, this Court is of the view that, in all fairness, the issue must rest at that.

14. This Court is not inclined to fathom out as to who is to be blamed in the contention between petitioner and the respondent Commission for non availability of the certificate in question at the

https://www.mhc.tn.gov.in/judis/ crucial time. According to this Court, such blame W.P.No.6598 of 2020

game is of no consequence, in view of the subsequent development wherein the petitioner has been issued a provisional appointment order.

15. In the above circumstances, the considered view of this Court is that the petitioner should be allowed to enjoy the fruition of the appointment without any strings attached to her appointment. This is particularly so, that the petitioner being a Destitute Widow, has earned her appointment in her own right.

16. Therefore, it is hereby declared that the appointment of the petitioner dated 28.11.2020, as Junior Assistant, Public Health and Preventive Department, is not to be construed as provisional appointment on account of pending of this writ petition. The Commission is directed to issue necessary clarification in this regard expeditiously.”

The aforesaid extract is self explanatory and the ratio laid down therein is

squarely applicable to the facts involved in the present Writ Petition. As

such, the petitioner herein would also be entitled for the relief in

accordance with the aforesaid order.

https://www.mhc.tn.gov.in/judis/ W.P.No.6598 of 2020

4. In the light of the above observations and the judgment of

this Court in J.Karthik's case (supra) passed in W.P.No.4866 of 2020,

the petitioner's candidature is directed to be included in the selection list

for appointment to Group-IV posts, pursuant to the Notification No.19 of

2019 dated 14.06.2019 and consequently, there shall be a direction to the

concerned respondent/Government Department to issue posting orders,

as expeditiously as possible, in any event, within a period of 8 weeks