Madras High Court
A.G. Uma Devi vs The Under Secretary on 9 March, 2021
WA No. 332 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 09-03-2021
Coram
The Honourable Mr. Justice R. Subbiah
and
The Honourable Mr. Justice Sathi Kumar Sukumara Kurup
Writ Appeal No. 332 of 2019
--
A.G. Uma Devi .. Appellant
Versus
1. The Under Secretary
Tamil Nadu Public Service Commission
Frazer Bridge Road, VOC Nagar
Chennai - 600 0303
2. Tamil Nadu Public Service Commission
rep. by its Secretary
Frazer Bridge Road, VOC Nagar
Chennai - 600 003 .. Respondents
Appeal filed under Clause 15 of Letters Patent against the Order dated
04.09.2018 passed in WP No. 22845 of 2018 on the file of this Court.
For Appellant : Mr. L. Chandrakumar
for Mr. R. Karunakaran
For Respondents : Mr. M. Devendran
JUDGMENT
(Judgment of the Court was made by R. Subbiah, J)
This appeal has been filed as against the order dated 04.09.2018 passed
in WP No. 22845 of 2018 by the learned single Judge dismissing the writ
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WA No. 332 of 2019
petition filed by the appellant herein. The writ petition was filed for issuing a
Writ of Certiorarified Mandamus to quash the order dated 17.05.2018 of the
first respondent, appointing her to the post of Audit Assistant, Accounts
Branch, Highways Branch and also the consequential Memorandum dated
10.08.2018 on the file of the second respondent and to direct the respondents
to appoint the petitioner to the post of Assistant in the Revenue Department or
in any post available under the Combined Subordinate Services Examination-I
(Group-II Services) 2009-2011 instead of Audit Assistant in the Accounts
Branch of the Highways Department based on her representations dated
19.06.2018, 09.07.2018 and 19.07.2018.
2. For the purpose of disposal of this appeal, the facts that led to the
filing of the writ petition before the learned single Judge are essential to be
examined.
3. The appellant is a Graduate in Law having completed five years
course (B.A., B.L.) in Dr. Ambedkar Government Law College, Chennai in the
year 2000. She studied Law Course in English Medium from 1995-1996 to
1997-1998 as there was no separate Tamil Medium of instruction, however,
the appellant had written the examination in Tamil from 1998-2000. While the
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WA No. 332 of 2019
college commenced a separate class for Tamil Medium of instructions, the
appellant did Law Course in Tamil Medium. While so, when the respondents
invited applications for direct recruitment for various posts included in the
combined subordinate service examination-1, 2009-2011 the appellant
submitted her application. The selection to some of the post were by written
examination and by way of oral test for non-interview posts. The appellant
also applied under the Schedule Caste - Female - Tamil Medium Quota. In the
examination conducted by the first respondent on 30.07.2011, the appellant
secured 217.50 marks. The appellant also attended the interview conducted by
first respondent on 21.06.2012 and she was called for further verification of
certificates on 19.07.2012. The appellant also attended the counselling
conducted on 07.01.2013. However, during the counselling the appellant was
sent back as she has not produced valid certificate to show that she underwent
Tamil Medium in B.L. Course. The appellant therefore filed WP No. 31874 of
2012 for a Mandamus to consider her case under the Schedule Caste (women)
PSTM Category. This Court directed the respondents to give appropriate
appointment to the appellant within a period of eight weeks from the date of
the said order. Aggrieved over the said order, the respondents filed W.A. No.
1499 of 2017 and it was dismissed on 17.11.2017. Thereafter, the appellant
filed a Contempt Petition No. 1084 of 2018. During the pendency of the
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WA No. 332 of 2019
contempt petition, the appellant was appointed to the post of Audit Assistant
in the Highways Department.
4. According to the appellant, the post of Audit Assistant involves
preparation of accounts and auditing the various statements furnished in the
highways department. The appellant being a graduate in Law, will not be
aware of the nuances of the auditing process. Therefore, the present writ
petition has been filed, after making representations, to appoint her as
Assistant in the Revenue Department instead of Audit Assistant in the
Highways Department.
5. The writ petition was dismissed by the learned single Judge and
aggrieved over the same, the present writ appeal is filed.
6. We have heard the submission of the counsel for both sides. At
the time of hearing the appeal, the counsel for the appellant represented that
though the appellant made a prayer to appoint her in the revenue Department
in the cadre of Assistant, instead of Accounts Branch, since she is not aware of
the accounting procedure, however, now she is prepared to join in any other
department except Accounts Department. The appellant therefore may be
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WA No. 332 of 2019
posted in any other Departments in the Highways except Accounts
Department.
7. Countering the same, the learned counsel for the respondents
submit that a candidate cannot choose the department in which he or she has to
be posted. The appellant cannot, as a matter of right, seeks to be posted in a
Department of her choice.
8. Though we find some force in the submission of the counsel for
the respondents, we find that the appellant has already been given an
appointment. We are not in a position to go into the merits of the contentions
of the counsel for the appellant. The only request of the appellant is that she
may be posted in Revenue Department or in any other department except in
Auditing seat. We find enough justification in such submission inasmuch as
the appellant is a Law Graduate and she cannot effectively take up the works
relating to auditing. Therefore, as a special case, we direct the respondents to
consider such claim of the appellant for posting her in any other department,
except auditing department. Such appointment shall be made within a period
of four weeks from the date of receipt of a copy of this Judgment. We
however, make it clear that this cannot be cited as a precedent.
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WA No. 332 of 2019
9. In the result, we set aside the Order dated 04.09.2018 passed in
WP No. 22845 of 2018. The Writ Appeal is allowed to the extent indicated
above. No costs. Connected Miscellaneous Petition is closed.
(R.P.S.J.,) (S.S.K.J.,)
09.03.2021
rsh
To
1. The Under Secretary
Tamil Nadu Public Service Commission
Frazer Bridge Road, VOC Nagar
Chennai - 600 0303
2. Tamil Nadu Public Service Commission
rep. by its Secretary
Frazer Bridge Road, VOC Nagar
Chennai - 600 003
https://www.mhc.tn.gov.in/judis/
WA No. 332 of 2019
R. Subbiah, J
and
Sathi Kumar Sukumara Kurup, J
rsh
WA No. 332 of 2019
09-03-2021
https://www.mhc.tn.gov.in/judis/
