A.Sivaranjith vs The Secretary
2023 Latest Caselaw 5081 Mad

                                                                           W.P(MD)No.10601 of 2023


                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED: 19.05.2023

                                                    CORAM:

                           THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI

                                           W.P(MD)No.10601 of 2023

                     A.Sivaranjith                                            ... Petitioner

                                                        Vs.


                     1.The Secretary,
                       Tamil Nadu Public Service Commission,
                       TNPSC Road,
                       VOC Nagar,
                       Park Town,
                       Chennai – 600 003.

                     2.The Controller of Examination,
                       Tamil Nadu Public Service Commission,
                       TNPSC Road,
                       VOC Nagar,
                       Park Town,
                       Chennai – 600 003.
                                                                                ... Respondents

                     PRAYER : Writ Petition is filed under Article 226 of the Constitution of
                     India praying to issue a Writ of Mandamus to direct the to consider the
                     Petitioner's representation dated 5.4.2023 to permit the Petitioner to
                     participate in the second counselling and selection process.


                     1/6
https://www.mhc.tn.gov.in/judis
                                                                                 W.P(MD)No.10601 of 2023


                                        For Petitioner    : Mr.T.Muthukrishnan

                                        For Respondents : Mr.V.Panneerselvam
                                                          Standing Counsel


                                                          ORDER

This Writ Petition is filed seeking issuance of a Writ of Mandamus

to direct the to consider the Petitioner's representation, dated 5.4.2023 to

permit the Petitioner to participate in the second counselling and

selection process.

2.Mr.V.Panneerselvam, learned Standing Counsel takes notice for

the respondents. By consent of both the parties, this Writ Petition is

taken up for final disposal.

3.The petitioner herein had given a representation to the

respondents on 05.04.2023 seeking to permit the Petitioner to participate

in the second counselling and selection process for the post of Land

Surveyor and Drafter. Since the said representation was not considered,

the present Writ Petition has been filed.

https://www.mhc.tn.gov.in/judis W.P(MD)No.10601 of 2023

4.It is needless to point out that whenever a representation of this

nature is made to a Statutory Authority, there is a duty cast upon the

respondents to consider the same on its own merits and pass appropriate

orders in one way or other, instead of keeping the same pending

indefinitely. As such, non consideration of the representation by the

Statutory Authority would amount to dereliction of duty and hence, this

Court will be justified in invoking its extraordinary powers under Article

226 of Constitution of India and direct them to consider the same within

a stipulated time.

5.The learned counsel for the Petitioner would further submit that

in case of similar nature, the Principal Bench of this Court considered the

request of the Petitioner therein positively in W.P.No.31759 of 2018,

dated 23.7.2019.The learned counsel would further submit that the

Petitioner belongs to SC category and has secured overall mark of 693

and was in the rank of 50 and the mark which he has scored entitles him

to place him in the said post and based on the technical flaw his rights

may not be deprived.

https://www.mhc.tn.gov.in/judis W.P(MD)No.10601 of 2023

6.In the light of the urgency expressed by the Petitioner in this

matter that the counselling going to be held on 23.5.2023 and the in the

light of the judgment cited by the Petitioner, there shall be a direction to

the respondents to consider the petitioner's representation, dated

0504.2023 on its own merits and pass appropriate orders in accordance

with law, on or before 22.5.2023 positively. It is made clear that this

Court has not expressed any of its views with regard to the merits of the

claim of the petitioner and that it is open to the concerned respondent to

consider the same on its own merits.

7.The learned counsel for the Petitioner brought to the notice of

this Court that out of total 1338 posts only 1206 candidates were

selected and remaining 135 posts are yet to be selected and in such

circumstances, this Court directs the respondents to keep one post vacant

till the disposal of the representation submitted by the Petitioner.

8. With the above directions, the Writ Petition stands disposed of.

There shall be no order as to costs.

19.05.2023

https://www.mhc.tn.gov.in/judis W.P(MD)No.10601 of 2023

Index :Yes/No Internet :Yes/No NCC : Yes / No

vsn

To

1.The Secretary, Tamil Nadu Public Service Commission, TNPSC Road, VOC Nagar, Park Town, Chennai – 600 003.

2.The Controller of Examination, Tamil Nadu Public Service Commission, TNPSC Road, VOC Nagar, Park Town, Chennai – 600 003.

https://www.mhc.tn.gov.in/judis W.P(MD)No.10601 of 2023

L.VICTORIA GOWRI., J.

vsn

W.P(MD)No.10601 of 2023

19.05.2023

https://www.mhc.tn.gov.in/judis