S. Manimegalai v. Tamil Nadu Public Service Commission, rep. by its Secretary, Chennai
2014-08-27
K.K.SASIDHARAN
body2014
DigiLaw.ai
Judgment : 1. The petitioner submitted application for appointment pursuant to the notification issued by the Tamil Nadu Public Service Commission, dated 30.12.2010. Even though the petitioner secured 229.50 marks in the written test and 27 marks in the oral test, totalling 256.50 marks, she was not selected for the post, but other candidates, who have secured less marks than the petitioner, were called for certificate verification. Hence, the petitioner submitted a representation requesting the Tamil Nadu Public Service Commission to look into the matter. The petitioner now seeks a Writ of Mandamus to the respondent to dispose of the representation on merits. 2. The learned counsel for the petitioner by placing reliance on the counter affidavit filed by the Tamil Nadu Public Service Commission in W.P.Nos.14410 to 14411 and 8069 of 2014 submitted that the Tamil Nadu Public Service Commission admitted the mistake committed by them earlier and as such, the matter requires consideration. 3. The Tamil Nadu Public Service Commission in its counter filed in the earlier Writ Petitions in W.P.Nos.14410 to 14411 and 8069 of 2014, very clearly admitted the mistake committed by them. Paragraph 5 of the counter reads thus: "5. It is respectfully submitted that this was the first time that the process of counseling was introduced and due to large volume of candidates has been summoned for counseling, and due to absence of some candidates summoned for counseling and unwillingness expressed by of some candidates during counseling, the petitioners have been omitted from being taken which is purely a genuine mistake. Counseling system now in practice has been modified appropriately and such mistake will not occur now. The above petitioners as indicated will be accommodated in the next phase of counseling." 4. The respondent is directed to consider and dispose of the representation submitted by the petitioner on 24.07.2014 on merits and as per law. Such exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order. 5. The Writ Petition is disposed of with the above direction. No costs.