Madras High Court
The Secretary vs N.S.Shanthi on 17 June, 2021
W.A. No.1378 of 2021 and
C.M.P. No.8592 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.06.2021
CORAM
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA
and
THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY
W.A. No.1378 of 2021 and
C.M.P. No.8592 of 2021
The Secretary
Tamil Nadu Public Service Commission
TNPSC Road, Park Town,
Chennai - 600003 ... Appellant
vs
N.S.Shanthi ...Respondent
****
Prayer: Writ Appeal filed under clause 15 of the Letters Patent
against the order dated 05.02.2021 made in W.P. No.13679 of 2020.
****
For Petitioner : Mr.N.Balamuralikrishnan
https://www.mhc.tn.gov.in/judis/
Page No.1 of 6
W.A. No.1378 of 2021 and
C.M.P. No.8592 of 2021
JUDGMENT
(delivered by PUSHPA SATHYANARAYANA, J.)
As no adverse order is passed against the respondent, notice to
the respondent is dispensed with.
2. This writ appeal is directed against the order dated
05.02.2021 passed in W.P. No.13679 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
06.03.2020 and further permission to participate in the counselling for
the posts included in the Combined Civil Services Examination - 4,
Group - IV examinations issued by the appellant in Notification
No.19/2019 dated 14.06.2019.
3. The writ petitioner/respondent herein who belongs to the 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 109.5 marks out of 300 and was placed under communal
category and she was also eligible for PSTM quota. Her overall rank for
Steno typist was 1953 and the communal rank was 231. The appellant
had published three separate lists for provisionally admitted
candidates for the certificate verification.
4. There was yet another communication on 03.12.2019
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W.A. No.1378 of 2021 and
C.M.P. No.8592 of 2021
directing the candidates to upload all the original certificates in the
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 her
certificates on 06.12.2019, 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
for counselling and the list of candidates called for final certificate
verification, which was scheduled on 02.04.2020, she realised that the
E-Seva Centre has not uploaded her PSTM certificate as against the
slot for PSTM. Therefore, in the absence of the PSTM certificate,
supporting her claim that she has studied in Tamil Medium, she was
not allowed to participate in the final stage of selection and for
counselling. In the meanwhile, during the pendency of the writ
petition, the petitioner was provisionally selected and appointed as
Stenotypist Grade III in the Court of Principal District Judge, Vellore
vide proceedings of the Appellant dated 07.12.2020 and it was stated
therein by the appellant that the provisional selection was subject to
the outcome of the writ petition.
5. The learned single Judge had elaborately considered the
https://www.mhc.tn.gov.in/judis/
W.A. No.1378 of 2021 and
C.M.P. No.8592 of 2021
merits of the writ petitioner, who had cleared the examination and
stood 231 in the communal rank for the post of Steno typist.
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.
6. 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.
7. 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 that the E-Seva
Centre has not uploaded petitioner's PSTM certificate as against the
slot for PSTM certificate, which was 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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W.A. No.1378 of 2021 and
C.M.P. No.8592 of 2021
8. 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.13679 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.]
17.06.2021
Asr
Index : Yes/No
https://www.mhc.tn.gov.in/judis/
W.A. No.1378 of 2021 and
C.M.P. No.8592 of 2021
PUSHPA SATHYANARAYANA, J.
and
KRISHNAN RAMASAMY, J.
Asr
W.A. No.1378 of 2021 and
C.M.P. No.8592 of 2021
17.06.2021
https://www.mhc.tn.gov.in/judis/
