Madras High Court
The Secretary vs M.Nisha on 19 July, 2023
W.A.(MD)Nos.1832 of 2021 & batch
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 19.07.2023
CORAM:
THE HONOURABLE DR.JUSTICE ANITA SUMANTH
AND
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
W.A.(MD)Nos.1832 to 1847 of 2021 & 1800, 1805, 1806, 1808, 1809
1818, 1828, 1829, 1830 of 2021
& CMP(MD)Nos.7750, 7779, 7780, 7806, 7808, 7899, 7978, 7979,
7980, 7989 to 7995, 7997 to 7999, 8002 to 8005, 8007 & 8008 of 2021
W.A.(MD)Nos.1832 of 2021:
1.The Secretary,
Tamil Nadu Public Service Commission,
VOC Nager, Park Town,
Chennai – 600 003.
2.The Controller of Examination,
Tamil Nadu Public Service Commission,
VOC Nager, Park Town,
Chennai – 600 003. ...Appellants
/Vs./
M.Nisha ...Respondent
PRAYER:- Writ Appeal - filed under Clause XV of Letters Patent Act, to
allow the above writ appeal and dismiss W.P.(MD)No.5812 of 2020
dated 07.07.2021.
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W.A.(MD)Nos.1832 of 2021 & batch
For Appellants : Mr.V.Panneer Selvam
TNPSC Standing Counsel
For Respondent : Mr.R.Santhanam
COMMON JUDGMENT
(Judgment of the Court was made by DR.ANITA SUMANTH, J.)
This batch of 25 writ appeals (16 listed in the regular list and 9
listed by way a Special list based on the particulars furnished by the
parties as involving identical issues) is disposed by way of this common
order.
2. Various candidates had filed writ petitions seeking to quash
proceedings No.Nil, dated 06.03.2020 of the Tamil Nadu Public Service
Commission (in short 'TNPSC'). The provisionally selected candidates,
based on original certificate verification and counselling for various
posts in Combined Civil Services Examination – IV (Group – IV) for the
period 2018-2019 and 2019-2020 were aggrieved by their non-selection.
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W.A.(MD)Nos.1832 of 2021 & batch
3. Pending these writ appeals, TNPSC had challenged an order
passed by the Principal Bench of this Court in an identical batch of writ
appeals and had interalia filed an affidavit to the effect that relaxation
would be granted as one time concession to those candidates who had
agitated the matter.
4. The affidavit was taken on record and the following order
was passed by the Hon'ble Supreme Court on 01.05.2023 in Special
Leave to Appeal (C) No.4357/2020 referring to the earlier order passed
on 07.02.2023:
“1.During the course of hearing, it has
transpired that there are 18 Writ Petitions pending
before the Single Benches of the High Court of
Judicature at Madras whereas 49 matters are
pending at the stage of Writ Appeal before the
Division Benches of the said High Court.
2. Similarly, 12 Special Leave Petitions are
pending before this Court. All these cases involve the
question whether the High Court, in exercise of its
Writ Jurisdiction, could grant an opportunity to the
respondents - candidates, who have applied for
various posts advertised by the Tamil Nadu Public
Service Commission, to submit the requisite
documents to prove their eligibility even after the cut-
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W.A.(MD)Nos.1832 of 2021 & batch
off date(s). The High Court has granted one time
concession on the premise that the meritorious
candidates are not over-looked.
3. It appears to us that the Tamil Nadu
Public Service Commission can take a conscious
decision to grant one time concession to the
candidates who are in lis before one or the other
Judicial Forum, subject to the condition that no such
relaxation shall be admissible to the candidates who
have not approached the Court so far, and whose
claim, at this belated stage, would be hit by the
principle of delay and laches.
4. Learned Senior counsel for the
petitioner - Tamil Nadu Public Service Commission
seeks and is granted four weeks' time to take
appropriate instructions.”
5. Effect has been given to that order and today,
Mr.Pannerselvam, learned counsel appearing for the appellants would
confirm that letters have been issued to all the candidates in pursuance of
the directions of the Hon'ble Supreme Court.
6. In light of the above, nothing survives in these writ appeals
barring W.A.(MD)No.1818 of 2021. Recording this, the above Writ
Appeals barring W.A.(MD)No.1818 of 2021 are closed.
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W.A.(MD)Nos.1832 of 2021 & batch
7. As regards W.A.(MD)No.1818 of 2021, the position is
slightly different, insofar as, upon consideration of the documents that
have been filed, TNPSC has found that the candidate does not satisfy the
parameters for selection and hence, her candidature has been rejected.
8. The reason set out for rejection is in terms of Section 20(A)
(ii) read with Explanation I (i) of the Tamil Nadu Government Servants
(Conditions of Service) Act, 2016. The candidate appears to have
applied in Destitute Widow category, which requires an income
certificate of an amount of not more than Rs.4,000/-, as against which
certificate produced indicates income of Rs.5,500/-. Hence, she does not
fall within the zone of consideration. This Writ Appeal is allowed. No
costs. Consequently, connected Miscellaneous Petitions are closed.
[A.S.M.J.,] & [R.V.J.,]
19.07.2023
NCC :Yes/No
Index :Yes/No
Internet :Yes
sm
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W.A.(MD)Nos.1832 of 2021 & batch
DR.ANITA SUMANTH, J.
AND
R.VIJAYAKUMAR, J.
sm
Common Judgment made in
W.A.(MD)Nos.1832 to 1847 of 2021 &
1800, 1805, 1806, 1808, 1089,
1818, 1828, 1829, 1830 of 2021
Dated:
19.07.2023
https://www.mhc.tn.gov.in/judis
