Madras High Court
The Secretary vs D.Priyanga on 7 July, 2021
W.A.No.1564 of 2021 and
C.M.P.No.9859 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.07.2021
CORAM
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA
and
THE HONOURABLE MRS.JUSTICE S.KANNAMMAL
W.A.No.1564 of 2021
and
C.M.P.No.9859 of 2021
The Secretary,
Tamil Nadu Public Service Commission,
Frazer Bridge Road (now TNPSC Road),
VOC Nagar, Park Town,
Chennai - 600 003. .. Appellant
Vs.
D.Priyanga .. Respondent
Prayer: Writ Appeal filed under Clause 15 of Letters Patent to set aside
the order passed by this Court in W.P.No.6664 of 2020 dated
05.02.2021.
For Appellant : Mr.N.Balamuralikrishnan
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W.A.No.1564 of 2021 and
C.M.P.No.9859 of 2021
JUDGMENT
(delivered by PUSHPA SATHYANARAYANA, J.)
The appeal is directed against the order dated 05.02.2021 passed
in W.P.No.6664 of 2020, wherein, a declaration was sought for by the
writ petitioner to declare that the action of the appellant not including
the name of the writ petitioner for the original certificate verification list
issued by the appellant dated 06.03.2020 as arbitrary, illegal and
violation of natural justice and consequently, direct the appellant to
permit the petitioner to participate in the counselling for the posts
included in the Combined Civil Services Group-IV Examinations issued
by the appellant in Notification No.19/2019 dated 14.06.2019.
2. The writ petitioner/respondent herein, who belongs to SC
category, had appeared for the written examination on 01.09.2019 and
the result of which was published on 30.11.2019. The petitioner had
scored 234 marks out of 300 and she was also eligible under PSTM
quota. As far as the post of Typist is concerned, her overall rank was
3357 and the communal rank was 393. The appellant had published
three separate lists of provisionally admitted candidates for certificate
verification.
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3. There was yet another communication on 03.12.2019 directing
the candidates to upload all the original certificates in the website
through E-Seva centres recognised by the Government between
05.12.2019 to 18.12.2019. Pursuant to the same, the writ petitioner
had approached the E-Seva centre and uploaded all the certificates on
10.12.2019, much ahead of the stipulated time, which was also
acknowledged by the appellant herein. Only when the writ petitioner
found that her number was missing in the list of candidates called for
final certificate verification, which was scheduled on 20.03.2020, she
realised that instead of uploading the Senior Grade Typewriting English
Certificate, she had uploaded her Senior Grade Typewriting Tamil
Certificate. Therefore, in the absence of the Senior Grade Typewriting
English Certificate, she was not allowed to participate in the final stage
of selection and for counselling. In the meanwhile, the petitioner called
for certificate verification, in which, she participated and she was
declared to have been provisionally selected to the post of Typist in
Police Department and it was stated therein by the appellant that the
provisional selection was subject to the outcome of the writ petition.
4. The learned single Judge had elaborately considered the
merits of the Writ Petitioner, who had cleared the examination and
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W.A.No.1564 of 2021 and
C.M.P.No.9859 of 2021
stood 393 in the communal rank. Admittedly, the writ petitioner was
also provisionally selected and appointed, as she was otherwise
qualified to be appointed. In similar cases and in similar circumstances,
this Court passed various orders, based on which several candidates
have been appointed.
5. Admittedly, in this case, the information furnished by the
respondent herein were correct. The petitioner, after clearing the
examination, was qualified to be appointed, both on the communal
roster as well as on PSTM quota, but only a minor mistake that had
crept in while uploading the documents through e-Seva kendra.
6. As seen from the affidavit filed in support of the writ
petition and the order of the learned single Judge, excepting the above
said error, the candidate is otherwise qualified to be appointed as per
the selection process. The mistake that had crept in was, instead of
uploading the Senior Grade Typewriting English Certificate, Senior
Grade Typewriting Tamil Certificate was uploaded, which could have
been the mistake committed by the person in-charge of the e-Seva
Kendra, which should not jeopardise the interest of the writ petitioner.
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7. In view of the same, we do not find any error or infirmity in
the order of the learned Single Judge dated 05.02.2021 made in
W.P.No.6664 of 2020 and the same is sustained. Accordingly, the Writ
Appeal is dismissed. No costs. Consequently, the connected Civil
Miscellaneous Petition is closed.
[P.S.N. J.] [S.K. J.]
07.07.2021
Index : Yes / No
Internet : Yes/No
Speaking / Non-speaking order
rsi
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W.A.No.1564 of 2021 and
C.M.P.No.9859 of 2021
PUSHPA SATHYANARAYANA, J.
and
S.KANNAMMAL, J.
rsi
W.A.No.1564 of 2021
and
C.M.P.No.9859 of 2021
07.07.2021
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