Madras High Court
D.Saravanasundar vs The Tamilnadu Public Service ... on 5 February, 2025
Author: V.Bhavani Subbaroyan
Bench: V.Bhavani Subbaroyan
W.P.No.18095 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 05.02.2025
Coram:
THE HONOURABLE Mrs.JUSTICE V.BHAVANI SUBBAROYAN
W.P.No.18095 of 2023 &
W.M.P.No.17284 of 2023
D.Saravanasundar ...Petitioner
Vs.
The Tamilnadu Public Service Commission,
rep. By its Secretary
Frazer Bridge Road,
VOC Nagar, Park Town,
Chennai – 600 003 ...Respondent
Prayer: Writ Petition filed under Article 226 of Constitution of India for issuance of
a Writ of Mandamus to direct the respondent to include the name of the petitioner
in the selection list for oral interview to be conducted by the respondent based on
the petitioner's representation dated 27.04.2023 and pass any orders.
For Petitioner : No Appearance
For Respondent : Mrs.G.Hema,
Standing Counsel for TNPSC
ORDER
The petitioner has filed this Writ Petition seeking for issuance of a Writ of
Mandamus to direct the respondent to include the name of the petitioner in the
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selection list for oral interview to be conducted by the respondent based on the
petitioner's representation dated 27.04.2023.
2. The prayer sought for by the petitioner was considered in a batch of
cases by the Hon'ble Division Bench of this Court in W.A.No.590 of 2023 etc.,
batch dated 22.12.2023 and this Court disposed of those Writ Appeals by issuing
the following directions:-
“87. In some cases before us, specific contentions have been
raised that certain ineligible candidates have been selected; that
eligible candidates have been left out; and that the persons with lower
marks have been selected. We have already directed the TNPSC to
redo the process, after verification. Therefore, we deem it suffice to
permit the appellant / petitioners to place the supportive materials
before the TNPSC for its consideration and decision. This issue is
answered accordingly.
CONCLUSION
88. In view of the fact that the notification was published on
14.02.2018 and considerable time has already passed because of
repeated litigations, this court deems it necessary to determine the
timeline for compliance of the directions issued above, with regard to
experience certificate, possession of experience in petrol and diesel
engines, claim of eligible and ineligible candidates, miscellaneous
matters, not falling within the zone of consideration, rule of
reservation, valid driving licence and conduct of oral test, which are
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summarized as below:
(a) The State, more particularly, Director / Commissioner of
Transport Department must take a decision about the grant of effect
of retrospective renewal or deny such retrospective renewal to all the
workshops and communicate the same to the TNPSC within a period
of four weeks from the date of receipt of a copy of this judgment. This
direction will also be applicable to the workshops, which were earlier
granted retrospective approval prior to 2011 or 2012~2013.
(b) Depending upon the decision of the State as regards the
grant of renewal to the workshops, the TNPSC shall make the select
list, within a period of two weeks thereafter, and publish the same in
the website as well as intimate to the eligible candidates
independently.
(c)As held by us that the persons with experience in both petrol
and diesel fitted engines alone, shall be eligible for selection, the
TNPSC shall redo the selection process by verifying the experience of
the candidates and make the list accordingly.
(d) The TNPSC shall verify the driving licence of the candidates
with the respective RTO-s within a period of four weeks from the date
of receipt of a copy of this judgment and intimate the result to the
individuals directly, who fail to qualify.
(e)The TNPSC must prepare the list of candidates for oral test
following the rule of reservation as contemplated under clause 10 of
the notification, within a period of four weeks from the date of
compliance of directions (a), (b), (c) and (d) and publish the same in
the official website.
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(f)The TNPSC shall initmate the marks of the candidates who
do not come within the zone of consideration to the candidates
individually by sms or e~mail, atleast three days before conducting
the oral test. The candidates will not have any right to seek a copy of
their answer sheet or re~valuation.
(g)The TNPSC shall conduct the certificate verification of the
eligible candidates after publication of the list of candidates fit for oral
test, atleast three days prior to the date, on which oral test is
scheduled to be conducted.
(h)The entire selection process shall be completed within a
period of twelve (12) weeks from the date of receipt of a copy of this
judgment.
(i)The TNPSC shall videograph the oral test, keep the same in
safe custody, and produce as and when required,
(j)For the purpose of co~ordinating all the authorities, so as to
comply with the aforesaid directions, the TNPSC has to nominate a
nodal officer within a week and publish the same in their website. The
nodal officer shall be the person, to whom the petitioners / appellants /
applicants shall submit their complaints / objections, if any, with
supportive materials, and he, in turn, shall place the same before the
TNPSC for appropriate action,
(k)With regard to the issue relating to upper age limit, it is for the
TNPSC to verify the details and act upon, in accordance with the
notification.
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(l)These directions issued shall be posted in the website of the
TNPSC and the same shall be construed as constructive notice to all
the candidates irrespective of the fact whether they are before us or
not.
89. As far as the challenge to the PSTM Quota, certificate
not being in proper format, suitability of the candidate after debarment
by TRB, the same fails.
RESULT
90. All the writ appeals and writ petitions are disposed of, in
terms of the findings, directions and conclusions rendered above.
Consequently, all the connected miscellaneous petitions are closed.
There will be no order as to costs.
3.In the light of the above, the Writ Petition is disposed of on the same
lines and the respondent would abide by the direction issued in the earlier batch
of cases referred supra. Consequently, connected miscellaneous petition is
closed. No costs.
05.02.2025
Index : Yes / No;Internet : Yes / No
Speaking Order / Non Speaking Order
ssd
To
The Tamilnadu Public Service Commission,
rep. By its Secretary
Frazer Bridge Road,
VOC Nagar, Park Town,
Chennai – 600 003
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V.BHAVANI SUBBAROYAN, J.
ssd
05.02.2025
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