MR. JUSTICE N. ANAND VENKATESH W.P.Nos.22670 of 2019 & 113 of 2020 Tnpsc case order

[2/14, 15:38] Sekarreporter: 1 W.P.Nos.22670/2019 & 113/2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Reserved on
11.02.2020
Delivered on
14.02.2020
CORAM:
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH
W.P.Nos.22670 of 2019 & 113 of 2020
and
WMP Nos.22149/2019 & 137/2020
A.Babu Prasanth .. Petitioner
in Both WPs
.vs.
1.The Secretary,
Tamil Nadu Public Service Commission,
TNPSC Toad, 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.
3.Tmt.S.Selvakumar,
Headmistress,
Chennai Girls Higher Secondary School,
2-A, School Road, Perambur,
Chennai 600 011. ..Respondents
in W.P.No.22670/2019
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interview based on the marks secured by the Petitioner in the Main Written
Examination, in pursuant to the Notification No.19/2016 dated 09.11.2016
issued by the 1st Respondent, within a time frame to be fixed by this Court.
Prayer in W.P.No.113 of 2020 : Writ Petition filed under Article 226 of
the Constitution of India, to issue a Writ of Certiorarified Mandamus, to
call for the records relating to the impugned final selection list to the
post of Deputy Collector in No. Nil dated 20.02.2019 issued by the 2
nd
respondent and to quash the same insofar as non-consideration of the
petitioner for selection and consequently directing the respondents 1 to
3 to consider the petitioner for selection to the post of Deputy Collector
by allowing him to undergo the process of interview based on the
marks secured by him in the Written Examination in pursuant to
Notification No.19/2016 dated 09.11.2016 issued by the 2
nd
respondent,
by validating the answer sheet for Paper-III Main Written Examination
held on 15.10.2017, with all consequential and other attendant benefits.
For Petitioner : Mr.R.Vidhuthalai
(both WPs) Senior Counsel
for Mr.G.Sankaran
For Respondents : Ms.C.N.G.Niraimathi
Standing counsel
[for R 1 & R 2 in W.P.No.22670/2019
[for R 2 & R 3 in W.P.No.113/2020]
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in a very delicate position. On the one hand, the Court finds that the
petitioner deserves to be considered for selection and on the other hand, this
Court is not able to give any positive relief to the petitioner due to the
peculiar facts and circumstances of the case. However, this Court cannot
express its helplessness and deprive the petitioner of an opportunity to be
considered for selection.
39.The State Government is the 1st respondent in the present
writ petition. It is left to the State Government to see if any additional post of
Deputy Collector can be created or is available to accommodate the petitioner,
if in case he secures sufficient marks in Paper-III, if it is sent for evaluation
and the petitioner also gets through the oral interview. This extreme relief is
contemplated taking into account the sheer merit of the petitioner and the
marks secured by him in the other two papers. Ultimately, the State must not
loose the chance of getting the services of a meritorious candidate as a
Deputy Collector. The 1st respondent shall examine the same and pass
orders within a period of two weeks from today. If the post can be created,
the same shall be intimated to TNPSC and in turn the TNPSC shall evaluate
Paper-III and in the event of the petitioner securing the required marks, he
shall be sent for oral interview and if the petitioner comes out successfully,
the petitioner can be accommodated in the post of Deputy Collector. This
process shall be completed within a period of four weeks after TNPSC
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receives the instructions from the State Government.
40.The relief that has been given in the present case cannot be
cited as a precedent in any case since it was given after considering the
peculiar facts and circumstances of the present case and after considering the
merits in favour of the petitioner.
Both the Writ Petitions are disposed of accordingly. No
costs. Consequently, the connected miscellaneous petitions are closed.
14.02.2020
Index: Yes
Internet:Yes
KP
To
1.The State of Tamil Nadu,
Rep.by its Principal Secretary to Government,
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