Madras High Court
C.Ramesh vs The Chairman on 9 September, 2024
Author: D.Krishnakumar
Bench: D.Krishnakumar
W.A.No.1136 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.09.2024
CORAM :
THE HON'BLE MR. D.KRISHNAKUMAR, ACTING CHIEF JUSTICE
and
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU
W.A.No.1136 of 2024
C.Ramesh .. Appellant
Vs
1.The Chairman,
TNPSC, TNPSC Road,
Chennai.
2.The Secretary & Controller of Examinations,
The Tamilnadu Public Service Commission,
TNPSC Road, Chennai-3.
3.Hariprasad.C.
Automobile Engineer,
Police Transport cum Training School,
Avadi, Chennai-600 054.
4.Additional Director General of Police
Headquarters,
O/o. Director General of Police,
Mylapore, Chennai-600 004. ..Respondents
PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent against
the order dated 21.07.2023 made in W.P.No.23394 of 2019.
1
https://www.mhc.tn.gov.in/judis
W.A.No.1136 of 2024
For Appellant : Mr.N.Subramaniyan
For Respondents : Mr.R.Bharanidharan,
Standing Counsel for TNPSC for R1 & R2
Mr.S.Namasivayam for R3
Mr.P.Kumaresan, Additional Advocate General
assisted by
Mr.S.Yashwanth, Additional Govt.Pleader
for R4
----
JUDGMENT
(Judgment of the Court was made by the Hon'ble Acting Chief Justice)
By consent, this Writ Appeal is taken up for final disposal.
2. The writ petitioner is the appellant herein. This Writ Appeal has
been filed as against the order of the Writ Court dated 21.07.2023 made in
W.P.No.23394 of 2019. According to the appellant, the workshop
experience certificate produced by the appellant was not accepted by
TNPSC/ respondents 1 and 2 and it was put to challenge in the writ petition,
wherein the Writ Court, after contest on the merits of the case, directed the
respondents 2 and 3 to call the appellant/writ petitioner for an oral test and
consider his selection to the post of Automobile Engineer in the Police
Transport Workshop cum Training School, Avadi and Regional Police
Transport Workshop, Tiruchirapalli, subject to the marks obtained by him in
https://www.mhc.tn.gov.in/judis
the oral test / interview. It was also made clear by the Writ Court that in
the event of the appellant surpassing the overall total obtained by the third
respondent after the oral interview is conducted, then the appellant shall be
appointed to the post of Automobile Engineer and the selection of the
appellant shall stand quashed. The order of the Writ Court was challenged
by the appellant in the instant writ appeal.
3. Mr.N.Subramaniyan, learned counsel for the appellant/writ
petitioner would submit that in pursuant to the order of the Writ Court, the
third respondent was selected to the post of Automobile Engineer in the
Police Transport Workshop, however the third respondent has resigned from
the said post and joined in the Tamil Nadu Motor Vehicles Maintenance
Department and at present, the post of Automobile Engineer is vacant and
not been filled up and since the appellant/writ petitioner is the next
meritorious candidate eligible for the said post, he may be selected and
therefore, prays for appropriate direction to the respondents 1 and 2 to issue
necessary appointment order to the petitioner/appellant.
https://www.mhc.tn.gov.in/judis
4. Mr.R.Bharanidharan, learned Standing Counsel appearing for the
respondents 1 and 2 / TNPSC would submit that if the appellant/writ
petitioner is the next meritorious candidate and after satisfying the other
eligibility criteria, the appellant/writ petitioner would be considered for
selection and his name will be included in the provisionally selected list and
forwarded to the user department for issuance of necessary appointment
orders. The learned Standing Counsel for TNPSC further submitted that if
any other candidate has secured higher marks than the appellant, they will
be called to appear for oral test / interview and based on the marks obtained
in the written examination and the oral test, the provisionally selected
candidates list will be forwarded to the user department.
5. In the light of the above submission made by the learned Standing
Counsel for TNPSC, this Court directs that the respondents 1 and 2 /
TNPSC shall consider the case of the appellant/writ petitioner for the post of
Automobile Engineer, if he is the next meritorious candidate and subject to
satisfaction of other eligibility criteria, the appellant/writ petitioner shall be
considered for selection and his name may be included in the provisional
https://www.mhc.tn.gov.in/judis
select list and forwarded to the user department for issuance of necessary
appointment orders. It is also made clear that if any other candidate has
secured higher marks than the appellant, then oral test / interview may be
conduced and based on the marks obtained in the oral test, the provisionally
selected candidates list shall be forwarded to the user department. It is
further made clear that if no such vacancy is available in the parent
department, the eligible candidate shall be considered in the next future
vacancies.
6. This Writ Appeal stands disposed of accordingly. No costs.
[D.K.K., A.CJ.] [K.B.J.]
09.09.2024
Internet: Yes/No
Index : Yes/No
Jvm
To
1.The Chairman,
TNPSC, TNPSC Road,
Chennai.
https://www.mhc.tn.gov.in/judis
THE HON'BLE ACTING CHIEF JUSTICE
and
K.KUMARESH BABU, J.
Jvm
2.The Secretary & Controller of Examinations,
The Tamilnadu Public Service Commission,
TNPSC Road, Chennai-3.
3.Additional Director General of Police
Headquarters, O/o. Director General of Police,
Mylapore, Chennai-600 004.
09.09.2024
https://www.mhc.tn.gov.in/judis
