Tamil Nadu Public Service vs M.Malliga
2024 Latest Caselaw 20407 Mad

Madras High Court

Tamil Nadu Public Service vs M.Malliga on 28 October, 2024

Author: R.Subramanian

Bench: R.Subramanian

                                                                       W.A(MD)No.1647 of 2024


                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                            DATED : 28.10.2024

                                                 CORAM:

                           THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
                                             and
                          THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI


                                        W.A(MD)No.1647 of 2024
                                                 and
                                      C.M.P.(MD)No.12924 of 2024


              1.Tamil Nadu Public Service
                 Commission,
               Represented by its Secretary,
               Park Town,
               Chennai-600 003.

              2.The Under Secretary,
               Tamil Nadu Public Service
                 Commission,
               Park Town,
               Chennai-600 003.

              3.The Controller of Examination,
               Tamil Nadu Public Service
                 Commission,
               Park Town,
               Chennai-600 003.                       ... Appellants / Respondents 1 to 3

                                                   -vs-
              M.Malliga                                ... Respondent / Writ Petitioner



              PRAYER: Appeal filed under Clause 15 of Letters Patent, to set aside the
              order dated 30.04.2024 in W.P.(MD)No.10935 of 2024.
                           For Appellants    : Mr.V.Panneer Selvam

                           For Respondent    : Mr.V.Sasikumar

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              Page 1 of 4
                                                                         W.A(MD)No.1647 of 2024



                                                 JUDGMENT

[Judgment of the Court was made by R.SUBRAMANIAN, J.]

The issue raised in the writ appeal is as to whether a delay in

production of a destitute widow certificate would disentitle the respondent

from being considered for appointment under that quota.

2. The respondent, though successful, was not offered an

appointment because of the delay in production of the certificate to the

effect that she is a destitute widow. The Writ Court took note of a decision

of this Court in W.P.No.26236 of 2021 wherein a similar issue was

considered with reference to such a technical stand that was taken by

Tamil Nadu Uniformed Services Recruitment Board and it was held that

delay in production of the certificate on its own cannot constitute a ground

for denial of employment.

3. The learned counsel for the respondent brings to our notice the

judgment of a Division Bench of this Court in the Secretary, The Tamil

Nadu Public Service Commission .vs. T.Subageetha, rendered in W.A.

(MD)No.194 of 2022, wherein a similar issue was considered with

reference to a selection process initiated by the Tamil Nadu Public Service

Commission itself. The Division Bench concluded that mere delay in

production of a community certificate or destitute widow certificate cannot

be a ground to deny the appointment. Once the certificate is produced at ____________ https://www.mhc.tn.gov.in/judis

the time of certificate verification, the authority can act upon it. It is also

reported that the respondent has been successful, and she has also been

given allotment subject to the result of the writ appeal.

4. Be that as it may, in view of the categorical pronouncement of the

Division Bench in the Secretary, The Tamil Nadu Public Service

Commission .vs. T.Subageetha, we see no merit in the writ appeal. The

writ appeal therefore fails and it is accordingly dismissed. There shall be no

order as to costs. Consequently, connected miscellaneous petition is

closed.

                                                           [R.S.M., J.]            [L.V.G., J.]
                                                                     28.10.2024
              NCC      :Yes/No
              Index :Yes/No
              Internet: Yes
              Sml




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                                     R.SUBRAMANIAN, J.
                                                  and
                                   L.VICTORIA GOWRI, J.

                                                        Sml









                                               28.10.2024




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