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2012 DIGILAW 935 (MAD)

M. Vigneshvaran v. Chairman Tamil Nadu Public Service Commission

2012-02-22

VINOD K.SHARMA

body2012
Judgment :- 1. The petitioner has a degree of M.Sc., in Botany from Madurai Kamaraj University and belongs to Scheduled Caste. In pursuance to the advertisement issued in the Indian Express, the petitioner applied for one of the posts of Assistant Conservator of Forest, which were to be filled up through the Tamil Nadu Public Service Commission. Total 8 vacancies were advertised, out of which, two vacancies were reserved for members belonging to Scheduled Caste, i.e. one for 1996-1997 and other for 1997-1998. 2. The petitioner was declared successful and was placed first in Scheduled Caste category. The petitioner also cleared oral test examination. One of the essential qualifications is of physical fitness. 3. The petitioner, being in the selected list, was subjected to physical test, but he was declared unfit in the physical test, consequently, was not issued appointment order. 4. The petitioner, being aggrieved by non inclusion of name of the petitioner in the selected list, challenged the selected list dated 08.08.2001, with consequential prayer for a direction to issue appointment letter to the petitioner. 5. Inspite of the fact that petitioner has challenged the selected list, but, for the reason best known, the selected candidates have not been made party to this writ petition, therefore, the writ prima facie suffers from non joinder of necessary party. 6. In case, there was any merit in the writ petition, the petitioner could be given one opportunity to implead the selected candidates, but the averments in the writ petition itself show that the petitioner failed to qualify the physical test. 7. The contention of the learned counsel for the petitioner is that the petitioner should be given one more chance to clear the physical test. This plea cannot be accepted, as no rule or regulation has been shown, stipulating the grant of second chance to pass physical test. 8. Learned counsel for the respondents points out that the advertised vacancies were filled up, as on the failure of some of the selected candidates to clear the physical test, candidates in the waiting list, were subjected to physical test, who cleared and were given appointment. All the eight advertised vacancies stood filled up. 9. 8. Learned counsel for the respondents points out that the advertised vacancies were filled up, as on the failure of some of the selected candidates to clear the physical test, candidates in the waiting list, were subjected to physical test, who cleared and were given appointment. All the eight advertised vacancies stood filled up. 9. In view of the reasons stated above, and that it is not disputed, that the petitioner had failed to clear the physical test, which was essential qualification for being appointed, no fault can be found with the impugned order, in selecting candidates, who cleared all the tests including physical test. 10. No merits. Dismissed. No costs.