Madras High Court
The Chairman vs K.Kaviya on 22 June, 2021
W.A. No.1471 of 2021 and
C.M.P. No.9316 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.06.2021
CORAM
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA
and
THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY
W.A. No.1471 of 2021 and
C.M.P. No.9316 of 2021
1.The Chairman
Tamil Nadu Public Service Commission
Frazer Bridge Road (now TNPSC Road)
VOC Nagar, Park Town
Chennai - 3
2.The Secretary
Tamil Nadu Public Service Commission
Frazer Bridge Road (now TNPSC Road)
VOC Nagar, Park Town
Chennai - 3 ... Appellant
vs
K.Kaviya ...Respondent
****
Prayer: Writ Appeal filed under clause 15 of the Letters Patent
against the order dated 11.12.2020 made in W.P. No.12007 of 2020.
****
For Petitioner : Mr.N.Balamuralikrishnan
https://www.mhc.tn.gov.in/judis/
Page No.1 of 6
W.A. No.1471 of 2021 and
C.M.P. No.9316 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
11.12.2020 passed in W.P. No.12007 of 2020, which was filed for a
mandamus to direct the respondents to consider the representation of
the petitioner dated 09.03.2020 and pass suitable orders by allowing
her to participate in the certificate verification afresh by producing her
10th standard certificate.
3. The writ petitioner/respondent herein who belongs to the SC
category, had appeared for the selection of Combined Civil Service
Examination-IV (Group-IV Services), which was held in pursuance of
the notification of the appellants commission for the vacancies of the
year 2018-2020 in various categories of posts. The petitioner's overall
ranking was 1953 and the communal rank was 243.
4. When the final list was published on 09.03.2020, the
petitioner found that her registration number was missing in the list.
On enquiry with the appellants, she was informed that her 10th
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W.A. No.1471 of 2021 and
C.M.P. No.9316 of 2021
standard certificate indicating her Tamil medium of study was not
uploaded in the website and therefore, she was not considered against
the quota reserved for PSTM candidates. According to the writ
petitioner, inadvertently her +2 certificate which was also indicative of
Tamil medium of study alone was uploaded. Due to which the
petitioner was denied participation in the further process of selection,
despite, she having secured high ranking in the selection.
5. During the pendency of the writ petition, the writ court has
passed an interim order on 23.09.2020 directing the appellants to
permit the petitioner to participate in the certificate
verification/counselling and the petitioner was also directed to produce
all the certificates in original, in support of her claim. In response to
the order, she was permitted to appear for certificate verification and
that she had also produced all the required certificates in support of
her claim.
6. In the meanwhile, pursuant to the certificate verification, the
petitioner was provisionally selected and appointed as Typist in
Agriculture Department vide the proceedings of the Appellants dated
28.11.2020 and it was stated therein by the appellants that the
provisional selection was subject to the outcome of the writ petition.
https://www.mhc.tn.gov.in/judis/
W.A. No.1471 of 2021 and
C.M.P. No.9316 of 2021
7. Heard the submissions of the learned counsel for the
appellants and perused the materials available on record.
8. The learned single Judge had elaborately considered the
merits of the writ petitioner, who had cleared the examination and
stood 243 in the communal rank for the post of Typist. Admittedly, the
writ petitioner was also provisionally selected and appointed, as she
was otherwise qualified to be appointed.
9. 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 has crept in not uploading her S.S.L.C. Certificate supporting her
claim that she had studied in Tamil Medium, but mistakenly her +2
certificate, which was also indicative of Tamil Medium of study, was
uploaded. It is to be noted that the petitioner has produced the
requisite certificate at the time of her participation in the certificate
verification and that we are of the considered view that the petitioner
has satisfied the condition and therefore, an error of not uploading the
required certificate may be condoned, particularly, in this case, as the
petitioner hails from a downtrodden community and the present
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W.A. No.1471 of 2021 and
C.M.P. No.9316 of 2021
employment would definitely help her to enhance her social status.
The learned single Judge has elaborately considered the issue and we
do not find any error or defect in the well reasoned order of the
learned single Judge and the same does not require any interference
by this court.
10. In view of the same, the writ appeal is dismissed. No costs.
Consequently, the connected civil miscellaneous petition is closed.
[P.S.N., J.] [K.R., J.]
22.06.2021
Asr
Index : Yes/No
https://www.mhc.tn.gov.in/judis/
W.A. No.1471 of 2021 and
C.M.P. No.9316 of 2021
PUSHPA SATHYANARAYANA, J.
and
KRISHNAN RAMASAMY, J.
Asr
W.A. No.1471 of 2021 and
C.M.P. No.9316 of 2021
22.06.2021
https://www.mhc.tn.gov.in/judis/
