Madras High Court
Tamil Nadu Public Service ... vs J.Karthik on 14 June, 2021
W.A. No.1329 of 2021 and
C.M.P. No.8314 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.06.2021
CORAM
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA
and
THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY
W.A. No.1329 of 2021 and
C.M.P. No.8314 of 2021
Tamil Nadu Public Service Commission
Represented by its Secretary
TNPSC Road, Park Town,
Chennai - 3 ... Appellant
vs
J.Karthik ...Respondent
Prayer: Writ Appeal filed under clause 15 of the Letters Patent
against the order dated 05.02.2021 made in W.P. No.4866 of 2020.
****
For Petitioner : Mr.N.Balamuralikrishnan
For Respondent : Mr.N.G.R. Prasad
for M/s.Row & Reddy
****
Page No.1 of 6
W.A. No.1329 of 2021 and
C.M.P. No.8314 of 2021
JUDGMENT
(delivered by PUSHPA SATHYANARAYANA, J.)
This writ appeal is directed against the order dated 05.02.2021
passed in W.P. No.4866 of 2020 challenging the action taken by the
appellant in not including the name of the writ petitioner for the
original certificate verification list issued by the appellant on
12.02.2020 and further permission to participate in both the
counselling for the post included in the Combined Civil Services
Examination - 4, 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 the BC
category, had appeared for the written examination on 01.09.2019
and the result of which was published on 12.11.2019. The petitioner
had scored 252 marks out of 300 and was placed under BC-OM
communal category and he was also eligible for PSTM quota. His
overall rank was 688 and the communal rank was 337. The appellant
had published two separate lists for provisionally admitted candidates
for the certificate verification.
3. There was yet another communication on 03.12.2019
directing the candidates to upload all the original certificates in the
W.A. No.1329 of 2021 and
C.M.P. No.8314 of 2021
website through e-seva centers recognised by the Government
between 05.12.2019 and 18.12.2019. Pursuant to the same, the writ
petitioner had approached the e-seva center and uploaded all his
certificates on 13.12.2019, much ahead of the stipulated time, which
was also acknowledged by the appellant herein. Only when the writ
petitioner found that his number was missing in the list of candidates
called for final certificate verification, which was scheduled on
12.02.2020, he realised that instead of uploading the community
certificate, he had uploaded his PSTM certificate twice. Therefore, in
the absence of the community certificate, supporting the claim of the
petitioner, he was not allowed to participate in the final stage of
selection and for counselling. In the meanwhile, the petitioner was
called for certificate verification on 12.10.2020, in which, he
participated and he was declared to have been provisionally selected
to the post of Typist in the Hindu Religious and Charitable
Endowments 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
stood 337 in the communal rank. Admittedly, the writ petitioner was
W.A. No.1329 of 2021 and
C.M.P. No.8314 of 2021
also provisionally selected and appointed, as he 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 basis as well as on PSTM certificate, 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 community certificate, the PSTM certificate was
uploaded twice, 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.
W.A. No.1329 of 2021 and
C.M.P. No.8314 of 2021
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.4866 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.] [K.R., J.]
14.06.2021
Asr
Index : Yes/No
W.A. No.1329 of 2021 and
C.M.P. No.8314 of 2021
PUSHPA SATHYANARAYANA, J.
and
KRISHNAN RAMASAMY, J.
Asr
W.A. No.1329 of 2021 and
C.M.P. No.8314 of 2021
14.06.2021
