Madras High Court
S.Vignesh vs The Secretary on 12 November, 2024
W.P.No.20826 of
2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.11.2024
CORAM:
THE HON'BLE MR.JUSTICE VIVEK KUMAR SINGH
W.P.No.20826 of 2022
and W.M.P.No.22097 of 2021
S.Vignesh ...Petitioner
Vs
1. The Secretary,
Tamil Nadu Public Service Commission,
TNPSC Road, V.O.C. Nagar,
Park Town,
Chennai – 600 003
2. The Controller of Examinations,
Tamil Nadu Public Service Commission,
TNPSC Road, V.O.C. Nagar,
Park Town,
Chennai – 600 003 ...Respondents
Prayer: Writ Petition filed Under Article 226 of the Constitution of India
praying for issuance of Writ of Declaration, to declare the order of invalidation
of my answer sheets in respect of Register No.060105283 for the main Written
Examination (descriptive type) to the post included in Combined Civil Service
Examination – II (Interview Post Group – II Services), as ultra-virus, null and
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W.P.No.20826 of
2021
void and consequently direct the respondents to include my name in the
selection list and appoint me in the eligible post in Group II Services.
For Petitioner : Mr.C.Prabakaran
For Respondents : Mrs.G.Hema
Standing Counsel for R1
: No appearance for R2
ORDER
This writ petition has been filed by the petitioner seeking a Writ of
Declaration to declare the order of invalidation of his answer sheets in respect
of Register No.060105283 for the main Written Examination (Descriptive
Type) of the Combined Civil Service Examination – II (Interview Post Group –
II Services) as ultra vires, null, and void. Consequently, the petitioner seeks a
direction to the respondents to include his name in the selection list and appoint
him to an eligible post in Group II Services.
2. The case of the present petition is that the petitioner appeared for the
main written examination held on 23.02.2019, having successfully passed the
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W.P.No.20826 of
preliminary examination in response to Notification No. 15/2018 dated
10.08.2018, issued by the respondents for filling up the post of Combined Civil
Services Examination (Interview Post) in Group II Services through direct
recruitment, with Registration No.060105283. On 23.10.2019, the respondents
published the results invalidating the petitioner's candidature on the ground that
the petitioner had allegedly violated the instructions to candidates at Para
22(III)(I)(VI) dated 07.11.2016 and para 1(F)(i)(f) dated 30.01.2021.
Aggrieved by the same, the petitioner has filed this writ petition.
3. Heard the learned counsel on both side and perused the materials
available on record.
4. As per the Hon'ble Supreme Court's judgment in State of Tamil Nadu
represented by its Secretary vs. G. Hemalathaa reported in (2019) 11
SCALE 537, candidates cannot invoke this Court's extraordinary jurisdiction
under Article 226 of the Constitution of India to seek directions to the Service
Commission to accept their applications despite non-fulfillment of the terms
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W.P.No.20826 of
and conditions in the said Notification. The relevant paragraph from the
aforementioned judgment is extracted below:-
“7. We have given our anxious consideration to the
submissions made by the learned Senior Counsel for the
Respondent. The Instructions issued by the Commission are
mandatory, having the force of law and they have to be strictly
complied with. Strict adherence to the terms and conditions of
the Instructions is of paramount importance. The High Court
in exercise of powers under Article 226 of the Constitution
cannot modify/relax the Instructions issued by the
Commission1.
9. In spite of the finding that there was no adherence to
the Instructions, the High Court granted the relief, ignoring
the mandatory nature of the Instructions. It cannot be
said that such exercise of discretion should be affirmed by us,
especially when such direction is in the teeth of the
Instructions which are binding on the candidates taking the
examinations.”
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W.P.No.20826 of
5. Applying the law laid down by the Hon'ble Supreme Court in
State of Tamil Nadu represented by its Secretary Vs. G.Hemalathaa
reported in (2019) 11 SCALE 537 to the facts of the case on hand, the writ
petition lacks merits and it is liable to be dismissed.
6. Accordingly, this Writ Petition stands dismissed. No costs.
Consequently, connected miscellaneous petition is closed.
12.11.2024
Index: Yes/No
Speaking/Non-speaking Order
mac
1. The Secretary,
Tamil Nadu Public Service Commission,
TNPSC Road, V.O.C. Nagar,
Park Town,
Chennai – 600 003
2. The Controller of Examinations,
Tamil Nadu Public Service Commission,
TNPSC Road, V.O.C. Nagar,
Park Town,
Chennai – 600 003
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W.P.No.20826 of
VIVEK KUMAR SINGH, J.
mac
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W.P.No.20826 of
12.11.2024
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