Madras High Court
S.Maniram vs The Secretary on 1 August, 2023
W.P.Nos.32402 & 32410 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.08.2023
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
W.P.Nos.32402 & 32410 of 2022 &
WMP.Nos.31802, 31803 31804, 31809 & 31810 of 2022
S.Maniram ... Petitioner in W.P.No.
32402 of 2022
Pradeepkumar M. ... Petitioner in W.P.No.
32410 of 2022
Vs
The Secretary,
Tamil Nadu Public Service Commission,
Esplanade, George Town, Chennai. ... Respondent in both WPs
Prayer in W.P.No.32402 of 2022 :- Writ Petition filed under the Article
226 of Constitution of India, to issue a Writ of Certiorarified Mandamus
to call for the records in relation to the Provisional Selection List to the
post of Assistant Director of Horticulture in the Tamil Nadu Horticultural
Service, 2019-2020 dated 15.02.2022 under the Notification No.3/2021
vide Advertisement No.578 dated 05.02.2021 published by the
respondent and quash the same as illegal and consequently direct the
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W.P.Nos.32402 & 32410 of 2022
respondent to consider the petitioner's paper -2 General Studies marks for
Assistant Director of Horticulture Exam treating it as a common paper for
Notification No.3/2021 and No.4/2021 dated 05.02.2021 in view of
respondent's Email Communication and consequently direct the
respondent to conduct oral test as petitioner and appoint the petitioner for
the post of Assistant Director of Horticulture and in view of judgment
passed by this Madurai Bench of Madras High Court in W.P.[MD]
No.13447/2022 and W.P.[MD] No.6335/2022.
Prayer in W.P.No.32410 of 2022 :- Writ Petition filed under the Article
226 of Constitution of India, to issue a Writ of Certiorarified Mandamus
to call for the records in relation to the Provisional Selection List to the
post of Assistant Director of Horticulture in the Tamil Nadu Horticultural
Service, 2019-2020 dated 15.02.2022 under the Notification No.3/2021
vide Advertisement No.578 dated 05.02.2021 published by the
respondent and quash the same as illegal and consequently direct the
respondent to consider the petitioner's paper -2 General Studies marks for
Assistant Director of Horticulture Exam treating it as a common paper for
Notification No.3/2021 and No.4/2021 dated 05.02.2021 in view of
respondent's Email Communication and consequently direct the
respondent to conduct oral test as petitioner stands in the 5 th rank among
the Most Backward Caste category and 22 rank in ranking lsit, even if
the petitioner was provided with minimum oral test marks as per ranking
list, and also the petitioner stands 1st rank among the Most Backward
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W.P.Nos.32402 & 32410 of 2022
Caste Category and 6th rank in ranking list, if the petitioner was provided
with maximum oral test marks as per ranking list and further direct the
respondent to appoint the petitioner for the post of Assistant Director of
Horticulture and in view of judgment passed by this Madurai Bench of
Madras High Court in W.P.[MD] No.13447/2022 and W.P.[MD]
No.6335/2022.
For Petitioner : Mr.C.Masilamani
For Respondent : Mr.I.Abrar Mohamed Abdulla
COMMON ORDER
These Writ Petitions have been filed to quash the Provisional
Selection List to the post of Assistant Director of Horticulture in the
Tamil Nadu Horticultural Service, 2019-2020 dated 15.02.2022 under
the Notification No.3/2021 vide Advertisement No.578 dated 05.02.2021
published by the respondent as illegal and consequently direct the
respondent to consider the petitioners paper -2 General Studies marks for
Assistant Director of Horticulture Exam treating it as a common paper for
Notification No.3/2021 and No.4/2021 dated 05.02.2021 in view of
respondent's Email Communication and consequently direct the
respondent to appoint the petitioners for the post of Assistant Director of
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W.P.Nos.32402 & 32410 of 2022
Horticulture and in view of judgment passed by this Madurai Bench of
Madras High Court in W.P.[MD] No.13447/2022 and W.P.[MD]
No.6335/2022.
2. The grievance of the writ petitioners is that Tamilnadu Public
Service Commission published two Notifications vide No.3 and No.4
dated 05.02.2021 and in both the notifications, the general studies
examination is on 18.04.2021 afternoon and the same reads as follows :
Date and time fixed for Written Examination to the Post
of Agricultural Officer [Extension] :
S.No. Subect Date & Time
1. Paper -1 Agriculture [Degree 18.04.2021 fore noon
Standard] 10.00 A.M. to 01.00 PM
Code No.284
2. Paper – 2 General Studies 18.04.2021 After noon
[Degree Standard] and Aptitude 03.00 PM to 05.00 PM
& Mental Ability Test
[S.S.L.C. Standard ]
Code No.003
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W.P.Nos.32402 & 32410 of 2022
Date and time fixed for Written Examination to the Post
of Assistant Director of horticulture and Horticultural Officer :
S.No. Subect Date & Time
1. Paper – 2 General Studies 18.04.2021 After noon
[Degree Standard] and Aptitude 03.00 PM to 05.00 PM
& Mental Ability Test
[S.S.L.C. Standard ]
Code No.003
2. Paper 1 Horticulture 19.04.2021 Fore Noon
[P.G.Degree STD 10.00 A.M to 01.00 P.M
Code No.279
Hence, the candidates who have applied for Assistant Director of
Horticulture and Assistant Director of Horticulture and Horticultural
Officer cannot write general studies paper separately for the different
notification except to attend on the same day irrespective of their subject
registration number. The petitioners were qualified for both the posts.
Both exams contain Paper 1 and Paper 2 and paper 1 is based on
qualification either Degree standard or post graduate degree standard.
But the paper 2 is same for both the exams, i.e., general studies [degree
standard] and aptitude & Mental Ability Test [S.S.L.C. Standard]. Since,
both exams have common general studies paper 2 exam, the date fixed
for the exam is also same, that is on 18.04.2021. Hence, challenging the
same, the present Writ Petition has been filed.
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W.P.Nos.32402 & 32410 of 2022
3. I have perused entire materials available on record. It is not
disputed that General studies is common to all the three posts and the
examination was held on 18.04.2021 and 19.04.2021 Since, the
examination is on the same day, the writ petitioners cannot take part in
Written examination meant for Agricultural Officer and Assistant
Director of Horticulture and Horticulutral Officer. The general studies
paper is general in nature. In similar matter, the Madurai Bench of
Madras High Court has dealt with the same issue in W.P.[MD] 13447 of
2022, wherein this Court passed the following Order :
9. The writ petitioner is a woman and she belongs to
scheduled caste. However, I am conscious that the
outcome of this writ petition cannot depend on this factor.
The writ petitioner had applied in response to the
recruitment notifications issued by TNPSC. Two
notifications had been issued for three posts. While
Notification No.3/2021 pertained to the post of
Horticultural Officer and Assistant Director of
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W.P.Nos.32402 & 32410 of 2022
Horticulture, Notification No.4 pertained to the post of
Agricultural Officer(Extension). It is not in dispute that for
each post, a candidate has to write two papers namely the
subject paper and the general studies paper. The general
studies paper (degree standard) was common to all the
three posts. The written examinations were held on
18.04.2021 and 19.04.2021. The candidates had a doubt
if they had to make a choice. One of the candidates namely
Thiru.Arunesh sought clarification from TNPSC. TNPSC
responded from their official E.Mail ID that since the
general studies paper is going to be common to all the
three posts, the question of choice will not arise at all and
that the candidate can take part in the written examination
meant for both the posts. It is true that this clarificatory
E.Mail was received by Thiru.Arunesh and not the writ
petitioner. But the clarification was rather general in
nature and not candidate specific. The writ petitioner's
counsel would categorically assert that the said Arunesh
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W.P.Nos.32402 & 32410 of 2022
was an acquaintance of the writ petitioner and that he had
shared the E.Mail with the petitioner. The respondent
having clarified the position cannot now go back on the
same. If the respondent had not issued the clarificatory
E.Mail as mentioned above, the writ petitioner probably
would have written the subject paper for Horticultural
Officer. Of-course, I cannot set aside the provisional
selection list. However, the consequential prayer will have
to be necessarily granted.
10. The respondent will treat the general studies mark
obtained by the writ petitioner under Registration
No.2601002158 for the purpose of her selection for the
post of Assistant Director of Horticulture. The respondent
will hold a special oral test for the writ petitioner and issue
appropriate orders. The exercise shall be completed within
a period of eight weeks from the date of receipt of a copy
of this order.
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W.P.Nos.32402 & 32410 of 2022
The petitioners are similarly situated persons and they also suffered on
the basis of the same notification. Hence, the petitioners are also entitled
to same benefits.
4. In such view of the matter, the respondent shall treat the general
studies mark obtained by the writ petitioners under Registration
No.2501001131 and 1701004127 respectively for the purpose of their
selection for the post of Assistant Director of Horticulture. The
respondent will hold a special oral test for the writ petitioners and issue
appropriate orders. The exercise shall be completed within a period of
eight weeks from the date of receipt of a copy of this order.
5. Accordingly, these Writ Petitions are allowed. Consequently,
connected miscellaneous petitions are closed. No costs.
01.08.2023
Index:Yes/No
Neutral Citation : Yes/No
vrc
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W.P.Nos.32402 & 32410 of 2022
To,
1. The Director of Town Panchayats,
No.75, Santhome High Road, MRC Nagar,
Raja Annamalaipuram, Chennai – 28.
2. The Executive Officer,
Vazhappadi Selection Grade Town Panchayat,
Salem District.
3. The Director of Local Fund Audit,
Integrated Complex for Finance Department,
8th Floor, Saidapet, Animal Husbandry Hospital Campus,
Nandanam, Chennai – 35.
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W.P.Nos.32402 & 32410 of 2022
N.SATHISH KUMAR, J.
vrc
WP.Nos.32402 & 32410 of 2022
01.08.2023
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