Madras High Court
The Secretary vs Dr.Lydia. J on 24 March, 2022
W.A.No.593 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.03.2022
CORAM
THE HONOURABLE MR.JUSTICE R. MAHADEVAN
AND
THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD
W.A.No.593 of 2022
and
C.M.P.No.4282 of 2022
1. The Secretary,
Tamil Nadu Public Service Commission,
TNPSC Road,
Chennai - 600 003.
2. The Controller of Examinations,
Tamil Nadu Public Service Commission,
TNPSC Road,
Chennai - 600 003. .. Appellants
Vs.
1. Dr.Lydia. J
2. The Director,
Animal Husbandry and Veterinary Services,
No.571, Anna Salai, Nandanam,
Chennai - 600 035.
3. The Managing Director,
Tamil Nadu Arasu Cable TV Corporation Limited (TACTV),
Dugar Towers, 6th Floor,
No.34(123), Marshalls Road,
Egmore, Chennai - 600 008. .. Respondents
1/6
https://www.mhc.tn.gov.in/judis
W.A.No.593 of 2022
Prayer: Writ Appeal filed under Clause 15 of Letters Patent against the order
passed by this Court in Review Application (Writ) No.46 of 2021 in
W.M.P.No.784 of 2021 in W.P.No.720 of 2021, dated 01.07.2021.
For Appellants : Mr.V.Vaithiyalingam
For 1st Respondent : Mr.S.L.Sudarsanam
JUDGMENT
(Judgment of the Court was made by R.Mahadevan, J.)
Heard the learned counsel for the appellants and the learned counsel for
the first respondent.
2.This Writ Appeal is directed against the order dated 01.07.2021,
passed by the learned Judge in Review Application (W) No.46 of 2021 in
W.M.P.No.784 of 2021 in W.P.No.720 of 2021, in and by which, it was
clarified that “in case, the writ petitioner is found eligible, she may be called
for interview, after certificate verification and oral test and not otherwise”.
3.Originally, the first respondent filed a writ petition in WP.No.720 of
2021 for issuance of a writ of certiorarified mandamus, to call for the records
of the second appellant relating to publication list OT dated 18.12.2020
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W.A.No.593 of 2022
concerning the rejection of her online application bearing
No.929000064/Register No.010002116 published in the official website and
quash the same as arbitrary, illegal and perverse and consequently, direct the
appellants to consider the first respondent's email representation dated
21.12.2020 seeking permission to submit Higher Secondary Course Certificate
(+2) Mark sheet physically or upload the same to the second appellant in order
to participate in the oral test commencing from 04.01.2021 onwards for the
post of Veterinary Assistant Surgeon in Tamil Nadu Animal Husbandry
Service.
4.In the aforesaid writ petition filed by the first respondent / writ
petitioner, the learned Judge granted an interim order on 01.02.2021, in the
following terms:
“5.Hence, taking note of the peculiar circumstances of
the case, the benefit of the interim order granted by this Court
in W.P.No.1369 of 2021 is hereby extended to the petitioner
and the Respondents shall conduct counselling to the petitioner
on 06.02.2021 (Saturday) and the results shall be kept in a
sealed and produced before this Court, when the main Writ
Petition is taken up for final hearing.
6.It is made clear that the aforesaid interim order cannot
be quoted as a precedent in future and no relief much less
interim order will not be granted to the similarly placed
persons, who have filed Writ Petitions with the same relief,
after the last date of counselling.”
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W.A.No.593 of 2022
5.Aggrieved over the aforesaid interim order passed by the learned
Judge, the appellants filed a review application stating that the oral test for the
post in question, was conducted between 04.01.2021 and 30.01.2021 and the
results were published at website on the last day of oral test ie., on
30.01.2021; and therefore, the interim order dated 01.02.2021 passed by the
learned Judge, directing the appellants to admit the first respondent directly to
counselling where she has not even participated in the prior stage of oral test,
could not be implemented.
6.By order dated 01.07.2021, the learned Judge disposed of the review
application with a clarification that “the direction given to the appellants to
conduct counselling to the first respondent and keep the result in a sealed
cover, does not mean that without considering the eligibility criteria of the
first respondent, she should be called for interview and hence, if she is found
eligible, she may be called for interview, after certificate verification and oral
test”. The said order is under challenge in this writ appeal.
7.The principal ground raised by the appellants herein is that the first
respondent / writ petitioner was not vigilant in securing an interim order
before the closure of the oral test; the appellants were not in a position to
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W.A.No.593 of 2022
comply with the direction of the learned Judge, after the oral test was over;
and therefore, the direction given by the learned Judge may be set aside and a
date may be fixed for final hearing of the writ petition.
8.We are of the opinion that considering the peculiar circumstances of
the case and also in the interest of justice, the learned Judge, as an interim
measure, passed the interim order dated 01.02.2021 in the writ petition as well
as the clarificatory order dated 01.07.2021 in the review application, which
are purely temporary in nature and are in no way prejudice to the right of the
appellants to contest the writ petition on merits. Further, it is to be noted that
the appellants have not passed any order rejecting the candidature of the first
respondent / writ petitioner. Hence, we find no manifest error in the orders so
passed by the learned Judge, warranting interference.
9.In fine, the writ appeal deserves to be dismissed as devoid of merit
and is accordingly, dismissed. No costs. Consequently, connected
miscellaneous petition is closed.
(R.M.D., J.) (J.S.N.P., J.)
24.03.2022
msr/gba
Index:Yes/no
https://www.mhc.tn.gov.in/judis
W.A.No.593 of 2022
R.MAHADEVAN, J.
and
J.SATHYA NARAYANA PRASAD, J.
msr/gba
To
1.The Secretary,
Tamil Nadu Public Service Commission,
TNPSC Road,
Chennai - 600 003.
2. The Controller of Examinations,
Tamil Nadu Public Service Commission,
TNPSC Road,
Chennai - 600 003.
3.The Director,
Animal Husbandry and Veterinary Services,
No.571, Anna Salai, Nandanam,
Chennai - 600 035.
4.The Managing Director,
Tamil Nadu Arasu Cable TV Corporation Limited (TACTV),
Durgar Towers, 6th Floor,
No.34(123), Marshalls Road,
Egmore, Chennai - 600 008.
W.A.No.593 of 2022
and
C.M.P.No.4282 of 2022
24.03.2022
https://www.mhc.tn.gov.in/judis
