The Secretary vs K.Sangeetha
2024 Latest Caselaw 305 Mad

Madras High Court

The Secretary vs K.Sangeetha on 4 January, 2024

Author: R.Suresh Kumar

Bench: R.Suresh Kumar

                                                                                   W.A.No.961 of 2020




                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED: 04.01.2024

                                                        CORAM:

                                    THE HON'BLE MR.JUSTICE R.SURESH KUMAR
                                                     and
                                   THE HON'BLE MR.JUSTICE K.KUMARESH BABU

                                                  W.A.No.961 of 2020
                                               and C.M.P.No.11606 of 2020


                     The Secretary,
                     Tamil Nadu Public Service Commission,
                     Represented by its Secretary,
                     TNPSC Road,
                     V.O.C.Nagar,
                     Park Town, Chennai – 600 003.                                    ...Appellant


                                                            vs.

                     K.Sangeetha                                                    ...Respondent


                     Prayer: Writ Appeal filed under Clause 15 of the Letters Patent Act, being

                     aggrieved by the order dated 13.12.2018 of the learned Single Judge made in

                     W.P.No.32998 of 2018 on the file of this Court.


                                          For Appellant     :      Mrs.G.Hema

                                          For Respondent    :      No appearance

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                                                                                           W.A.No.961 of 2020

                                                         JUDGMENT

(Judgment of the Court was delivered by K.KUMARESH BABU, J.)

This Intra Court Appeal has been preferred by the Tamil Nadu Public

Service Commission as being aggrieved against the order of the learned Single

Judge directing the appellant to permit the respondent to participate in the

counselling and declare the final results.

2.We have heard Mrs.G.Hema, learned counsel appearing for the

appellant. In spite of notice being served on the respondent, the respondent had

neither appeared in person nor represented by a counsel.

3.At the outset, learned counsel for the appellant would submit that the

issue in this Writ Appeal is no longer res integra in view of a judgment of the

Division Bench made in W.A.No.3768 of 2019 dated 05.09.2023.

4.The aforesaid Division Bench judgment relied upon by the learned

counsel for the appellant was a judgment made by the Division Bench of which

we were part. After examining the issue involved in the Writ Appeal which is

similar to that in this Writ Appeal and after considering the various Division

Bench Judgments of this Court and also the Hon'ble Apex Court, had come to a https://www.mhc.tn.gov.in/judis conclusion that if the mandatory instructions given by the Service Commission

had not been followed in filling up the applications or if wrong claim or

incorrect particulars have been given in the said application, the same is liable to

be rejected and that the sympathy factor cannot override a legal position.

5.We see no reason to differ from our earlier decision made in

W.A.No.3768 of 2019 dated 05.09.2023.

6.In the result, the Writ Appeal is allowed and the order impugned in the

Writ Petition is set aside. There shall be no order as to costs. Consequently, the

connected miscellaneous petition is closed.

                                                                                 (R.S.K.,J.)     (K.B.,J.)
                                                                                          04.01.2024
                     Index: yes/no
                     Speaking order:yes/no
                     Neutral Citation:yes/no
                     pam




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









                                   R.SURESH KUMAR, J.
                                                 and
                                  K.KUMARESH BABU, J.


                                                       Pam









                                               04.01.2024

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