Madras High Court
Prabu vs The Secretary on 7 November, 2023
W.P.(MD).No.16697 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 07.11.2023
CORAM:
THE HON'BLE MR.JUSTICE N.ANAND VENKATESH
W.P.(MD).No.16697 of 2021
and W.M.P(MD).No.13597 of 2021
Prabu ... Petitioner
Vs.
1.The Secretary,
Tamil Nadu Public Service Commission,
TNPSC Road, Park Town,
Chennai-600 003.
2.The Controller of Examinations,
Tamil Nadu Public Service Commission,
TNPSC Road, Park Town,
Chennai-600 003.
3.The Registrar,
Madurai Kamaraj University,
Theni Main Road, Madurai. ... Respondents
Prayer: Writ petition is filed under Article 226 of the Constitution of
India, for the issuance of Writ of Mandamus, directing the third
respondent to issue PSTM Certificate to the petitioner for the course of
B.A.History in the prescribed format in G.O(Ms).No.82, Human
Resources Management Department dated 16.08.2021 and consequently,
1/6
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W.P.(MD).No.16697 of 2021
direct the first and second respondents to permit the petitioner in the
selection process for the direct recruitment to the vacancies in the posts
included in Combined Civil Services-I Examination (Group-I Service).
For Petitioner : Mr.Navaneetha Raja
For Respondents : Mr.J.Ananda Kumar
for R1 and R2
Mr.K.Ragatheesh Kumar
for M/s.Isaac Chamber
for R3
ORDER
This Writ Petition has been filed for issuance of a writ of
Mandamus directing the third respondent to issue PSTM Certificate to
the petitioner and consequently, direct the first and second respondents to
permit the petitioner to participate in the selection process for direct
recruitment to the vacancies in Group-I Services.
2. The first and second respondents have filed a counter affidavit.
The relevant portions in the counter affidavit are extracted hereunder:
“11.In this connection it is submitted that the candidates,
who have uploaded the PSTM certificates through e-seva
centres, have been provisionally admitted for the physical
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W.P.(MD).No.16697 of 2021
certificate verification to verify the PSTM qualification for the
said posts on 07.10.2021, 08.10.2021 and 11.10.2021 at
Commission's Office. The petitioner Thiru.S.Prabhu
(Reg.No.2301002127) was directed to appear for certificate
verification for verifying PSTM Certificates for the posts
included in Combined Civil Services-I Examination (Group-I
services) on 08.10.2021 at 3.30 P.M at Commission's Office.
Accordingly, he has attended Physical Certificate Verification
on 08.10.2021 and furnished the certificates and a letter stating
that the petitioner had studied first year of B.Sc., Botany
(2006-2007) in English medium in regular stream and
discontinued the same. Later on joined through distance
education in second year B.A.History course, a different subject
in Tamil Medium and completed 2nd and 3rd year of
B.A.(History)(2007-2009) in the distance education mode and
produced UG PSTM certificate for 2 years only.
13.It is submitted that the petitioner had studied 1st year
B.Sc., Botany in English Medium (discontinued) and studied 2nd
and 3rd year in B.A. in a different subject (History), through
Distance Education. Hence, the candidate's application under
PSTM was not considered as he had submitted PSTM certificate
for only 2 years. Hence, the petitioner is not entitled relief as
prayed in the writ petition.
13.Further in a similar case viz., the Chairman, TRB Vs
R.Babu in W.A(MD).No.1102 of 2020, the High Court has
opined as follows:-
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W.P.(MD).No.16697 of 2021
XXXXX
9.In view of the settled position of law, we are of the view
that the writ petitioner is not entitled for appointment,
based on a Degree which has been obtained in one year.
Insofar as the decision relied upon by the learned Senior
Counsel appearing for the writ petitioner in N.Chitra's
case (supra) is concerned, the petitioner therein has
joined a course of B.Sc., (Information Technology),
discontinued after first year and rejoined the course of
B.A., (Tamil). There the petitioner had studied the subject
Tamil even while she was undergoing the course of B.Sc.,
(Information Technology). She had undergone Tamil
subject for three years, whereas, in the present case, the
writ petitioner studied a different subject of Mathematics
in the first two years and thereafter, studied the subject
History. Therefore, it cannot be equated with the case on
hand and the relief cannot be granted to the petitioner
herein.”
3. The learned counsel appearing for the first and second
respondents also brought to the notice of this Court the judgment of the
Hon'ble Division Bench of this Court in W.A.(MD).No.1102 of 2020
dated 21.04.2021.
4. It is clear from the above that the petitioner was not found
eligible under PSTM quota and he was not allowed to participate in the
selection process. In view of the same, the relief as sought for by the
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W.P.(MD).No.16697 of 2021
petitioner does not arise for consideration and this Writ Petition is
accordingly dismissed. There shall be no order as to costs. Consequently,
connected miscellaneous petition is closed.
07.11.2023
Index :Yes/No
Internet : Yes/No
ssb
To
1.The Secretary,
Tamil Nadu Public Service Commission,
TNPSC Road, Park Town,
Chennai-600 003.
2.The Controller of Examinations,
Tamil Nadu Public Service Commission,
TNPSC Road, Park Town,
Chennai-600 003.
3.The Registrar,
Madurai Kamaraj University,
Theni Main Road, Madurai.
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.16697 of 2021
N.ANAND VENKATESH.J.,
ssb
Order made in
W.P.(MD).No.16697 of 2021
Dated :
07.11.2023
https://www.mhc.tn.gov.in/judis
