M.Venkatesan vs The Tamil Nadu Public Service ...
2024 Latest Caselaw 18382 Mad

Madras High Court

M.Venkatesan vs The Tamil Nadu Public Service ... on 18 September, 2024

Author: N.Anand Venkatesh

Bench: N.Anand Venkatesh

                                                                          W.P.No.26206 of 2024


                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 18.09.2024

                                                          CORAM

                          THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                                 W.P.No.26206 of 2024

                     M.Venkatesan                                                .. Petitioner

                                                           Vs.

                     1.The Tamil Nadu Public Service Commission,
                       Rep. by its Chairman,
                       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 to issue a Writ of Mandamus directing the respondents to
                     consider and appoint the petitioner in the Group II Services for which
                     Notification No.15/2018 dated 10.08.2018 within the time frame
                     stipulated by this Court.

                                  For petitioner      :      M/s.Balan Haridas

                                  For Respondents :          Mrs.G.Hema
                                                             Standing Counsel
https://www.mhc.tn.gov.in/judis
                     1/9
                                                                               W.P.No.26206 of 2024


                                                          ORDER

This writ petition has been filed for the issue of writ of mandamus

directing the respondents to consider the appointment of the petitioner in

the Group II Services pursuant to the Notification dated 10.08.2018

within the time frame fixed by this Court.

2.Heard the learned counsel for the petitioner and the learned

Standing Counsel for the respondents.

3.The case of the petitioner is that the respondent issued a

Notification dated 10.08.2018 calling for applications for the posts

included in the Combined Civil Services Examinations–II (Group-II

Services). The petitioner submitted his application and he was also called

for preliminary examination conducted on 11.11.2018. The petitioner

qualified in the preliminary examination and reached the stage of main

written examination. The main written examination was fixed on

23.02.2019. The petitioner also wrote the examination. Thereafter, a list

containing the names of candidates was published on 23.10.2019 and

30.09.2020 for oral test. The name of the petitioner was not included in

these lists.

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

4.The further case of the petitioner is that the petitioner secured

126 marks in the main written examination and the petitioner also

belongs to the Most Backward Community (MBC). The petitioner also

found that some of the candidates, who had secured lesser marks had

been called for oral test.

5.The petitioner aggrieved by the same, filed W.P.No.11654 of

2021 before this Court for a mandamus to direct the respondents to call

the petitioner for interview for the Group-II Post. This Writ Petition was

disposed of by order dated 06.07.2022 and the relevant portions in the

order is extracted hereunder:

“4.The learned counsel appearing for the respondents further submitted that earlier on similar issue writ petitions have been filed before this Court in W.P.No.29349 of 2018 and this Court by an order dated 20.12.2018, allowed the writ petition and granted relief to the writ petitioner therein. Assailing the said order, the respondents preferred an intra Court appeal in W.A.No.3285 of 2019 and the same was dismissed on 26.09.2019. Challenging the said judgment of this Court, the respondents have preferred a Special Leave Petition in S.L.P.(C).No.4357 of 2020, before the Hon'ble Supreme Court and obtained an order of stay of the operation of the judgment of this Court and https://www.mhc.tn.gov.in/judis

the said S.L.P. is still pending. Therefore, it is submitted that in view of the pendency of the Special Leave Petition before the Hon'ble Supreme Court, at this stage, the relief as prayed for by the petitioner cannot be considered by the respondents and the same will be considered subject to the outcome of the decision of the Hon'ble Supreme Court.

5.Heard the learned counsel for the parties and with the consent of the learned counsel for the parties, the writ petition is taken up for final disposal.

6.In view of the pendency of the S.L.P.No.4357 of 2020, before the Hon'ble Supreme Court, if any order has been passed by the Hon'ble Supreme Court, the said order would be binding on both the parties. If the S.L.P. is dismissed by the Hon'ble Supreme Court, the respondents shall inform the same to the petitioner and if it requires, call the petitioner for verification of his community certificate. It is nevertheless to say that the petitioner shall also approach the respondents if the SLP is dismissed by the Hon'ble Supreme Court. With the above observations, the writ petition stands disposed of. Consequently, the connected miscellaneous petition is closed. No costs.”

6.After the above order was passed, the Special Leave Petition that

were pending before the Hon'ble Supreme Court was disposed of by an

order dated 01.05.2023 and the relevant portions are extracted hereunder:

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

“3.Pursuant thereto, the petitioner – Tamil Nadu Public Service Commission, has taken a decision resolving to select and recommend the names of 62 candidates mentioned in Table I of the additional affidavit dated 28.04.2023 appended with Interlocutory Application No.89727/2023, for appointment to the posts mentioned in the Table itself. As regard to 10 candidates in the Table II, it is stated that even after treating them eligible, they do not come into the zone of consideration. As regard to 6 candidates mentioned in Table III, it is stated that they will be adjusted against future vacancies as no posts were reserved for them during the pendency of the case(s). The appointment of these 6 candidates will be subject to other eligibility conditions.

4.The Special Leave Petitions are, accordingly, disposed of in terms of the additional affidavit dated 29.04.2023 filed by the petitioner – Tamil Nadu Public Service Commission, along with Tables I, II and III. The Public Service Commission shall be at liberty to act upon as per its decision referred to above, as early as possible and preferably within two months from the date of receipt of a copy of this order.

5.It is made clear that this order shall not give rise to any cause of action in favour of such candidates who have not approached the Courts so far.

6.All pending applications also stand disposed of.”

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

7.After the orders were passed by the Hon'ble Supreme Court, the

petitioner made a representation dated 06.08.2024 and requested the

respondents to conduct the certificate verification and to appoint the

petitioner in any of the Group-II posts. Since, the same was not

considered, the present writ petition was filed before this Court.

8.In the considered view of this Court, the order passed by the

Hon'ble Supreme Court dated 01.05.2023 and the earlier order passed by

this Court dated 06.07.2022 makes it clear that the candidature of the

petitioner and similarly placed persons will be adjusted against future

vacancies subject to they fulfilling the other eligibility conditions. It is

brought to the notice of this Court that there are 11 vacancies available.

9.The candidature of the petitioner will have to be considered in

the available vacancy since he falls within the category stated in

paragraph No.3 of the order of the Hon'ble Supreme Court. The earlier

order passed by this Court in W.P.No.11654 of 2021 dated 06.07.2022

also makes it clear that the petitioner will be accommodated in the future https://www.mhc.tn.gov.in/judis

vacancy subject to the orders passed by the Hon'ble Supreme Court and if

he is found to be otherwise eligible.

10.Accordingly, there shall be a direction to the respondents to

accommodate the petitioner in the available vacancy, subject to the

petitioner fulfilling the other eligibility conditions prescribed. This

process shall be completed by the respondents within a period of four (4)

weeks from the date of receipt of a copy of this order.

11.Accordingly, this Writ Petition is disposed of with the above

directions. No costs.

                                                                                   18.09.2024

                     krk

                     Index                   : Yes / No
                     Internet                : Yes / No
                     Neutral Citation        : Yes / No

                     To

1.The Tamil Nadu Public Service Commission, Rep. by its Chairman, TNPSC Road, V.O.C. Nagar, Park Town, Chennai – 600 003.

2.The Controller of Examinations, https://www.mhc.tn.gov.in/judis

Tamil Nadu Public Service Commission, TNPSC Road, V.O.C. Nagar, Park Town, Chennai – 600 003.

N.ANAND VENKATESH, J.

krk

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