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2012 DIGILAW 2363 (MAD)

S. Ambigadevi v. Government of Tamil Nadu, rep.

2012-06-11

M.JAICHANDREN

body2012
Judgment :- 1. This Writ Petition has been filed for the issuance of a Writ of Declaration, declaring the action of the second respondent, in not selecting the petitioner, in any one of the posts, earmarked for destitute widows in the Notification/Advertisement Nos.176 and 178, issued in respect of the combined subordinate services, as null and void and consequently, to direct the second respondent to appoint the petitioner in any one of the posts earmarked/reserved for such category. 2. The petitioner has stated that she is a destitute widow. She had submitted an application to take part in the selection process, pursuant to the Notification/Advertisement Nos.176 and 178, issued in respect of the combined subordinate services, to any one of the posts, reserved for destitute widows. However, the 'Destitute widow' certificate could not be enclosed, along with the application, as prescribed in the advertisement made by Tamil Nadu Public Service Commission (hereinafter referred to as 'the Commission'). The interview call letter, dated 04.08.2009, has been received by the petitioner. The petitioner had taken the written examination, on 22.03.2008. As the petitioner was selected in the written test, she had been called for the interview, held on 14.10.2009, by the second respondent. On the completion of the interview, she had been asked to submit the certificate in the prescribed form, from the Competent Authority, to prove that she is a destitute widow, as claimed by her. However, she could not submit the 'Destitute widow' certificate, as sought by the second respondent. The selection list of the candidates, provisionally selected for appointment by direct recruitment to the posts included in the combined subordinate services, had been published, on 17.11.2009. Unfortunately, the petitioner had obtained the certificate, dated 20.11.2009, only after the selection list had been published. The terms and conditions mentioned in Clauses 11 and 13 of the notification/advertisement, issued by the Commission, make it clear that the enclosures should be sent along with the application and that sufficient evidence has to be produced, in case of the candidates are seeking concession or privileges in the process of selection. 3. In the present case, the petitioner had obtained the Destitute Widow Certificate, dated 20.11.2009, from the Revenue Divisional Officer, only after the provisional selection list had been published. In such circumstances, the relief prayed for by the petitioner cannot be granted. Hence, the writ petition stands dismissed. No costs. 3. In the present case, the petitioner had obtained the Destitute Widow Certificate, dated 20.11.2009, from the Revenue Divisional Officer, only after the provisional selection list had been published. In such circumstances, the relief prayed for by the petitioner cannot be granted. Hence, the writ petition stands dismissed. No costs. Consequently, connected M.P.s is closed.