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2014 DIGILAW 3111 (MAD)

S. Mahalakshmi v. Tamil Nadu Public Service Commission

2014-09-04

D.HARIPARANTHAMAN

body2014
Judgment : 1. Heard both sides. 2. The petitioner applied for direct recruitment to the posts included in the Combined Subordinate Services Examination-I, 2009-2011 pursuant to the notification issued by the Tamil Nadu Public Service Commission. The petitioner is a widow having five years old boy and she belongs to Scheduled Caste. In the application for direct recruitment, in column no.9, the petitioner claimed that she belongs to “Destitute widow” category. 3. It is admitted in para 4 of the counter affidavit filed by the respondent Tamil Nadu Public Service Commission that the petitioner belongs to “Destitute widow” category. 4. It is the case of the respondent Tamil Nadu Public Service Commission that the petitioner failed to enclose the “Destitute widow certificate” along with her application. 5. Clause 15 of the Instructions to Candidates read with clause 10 of the Notification makes it clear that the candidates should enclose xerox copies of certificates in support of their claim. In this regard, Clause 10 of the Notification and clause 15 of the Instructions to Candidates are extracted hereunder: “Clause 10 of the Notification 10. Enclosures to be sent along with application: - Candidates should enclose attested copies of all certificates (including evidence for Educational Qualification i.e. SSLC, HSC., Diploma, U.G. Degree and PG Degree possessed by them) as mentioned in para 15 of the Commission's 'instructions etc., to candidates' and item 26 under part – II of Information Brochure to candidates along with a Postal Receipt to the value of Rs.100/-(Rupees One hundred only) pasted in the column provided in the application. Unless exemption of fee is claimed Original Certificates should not be sent. Those applying Online please refer sub para D of para 13 of this Notification. In addition to the above said enclosures evidence for PSTM should be enclosed if the candidates claim reservation for PSTM. Applications received without the attested copies of certificates as specified above will be rejected.” Clause 15 of the instructions to candidates 15. Production of evidence for claims made in the application: Candidates should enclose xerox copies of Certificates, duly attested by Group A/Group B Officers along with the application. However, Original Certificates in support of the claims made in the application, should be produced at the time of attending the Oral Test or when called for. Production of evidence for claims made in the application: Candidates should enclose xerox copies of Certificates, duly attested by Group A/Group B Officers along with the application. However, Original Certificates in support of the claims made in the application, should be produced at the time of attending the Oral Test or when called for. One set of xerox copies of all certificates along with a copy of photograph identical to the one pasted in the application, should also be handed over while attending the Oral Test or when called for. A candidate who has applied to the Commission on a previous occasion should produce the required documents even though they were produced on a previous occasion and were returned to him.” 6. But in this case, the Tamil Nadu Public Service Commission issued a press release dated 29.12.2012 stating that the destitute widows could produce the certificate at the time of counseling. It is further stated that if it is not able to be given on the date of counseling, two more months will be given. In this regard, it is relevant to extract the English version of the aforesaid press release issued by the Tamil Nadu Public Service Commission as found in para 6 of the counter affidavit, which reads as follows: “6. With reference to para 5 of the affidavit, it is submitted that the Commission has taken a decision on 27.12.2012 to facilitate the innocent but genuine Destitute Widow candidates as follows:- 1. The date of consideration of the status as Destitute Widow, hereinafter, shall be the date of submission of application, instead of the date of Notification. 2. In support of claim for Destitute Widow, the certificate obtained from appropriate authority namely, Revenue Divisional Officer / Sub-Collector alone, produced on the date of certificate verification / Counseling shall be accepted. 3. Two months time will be given for those appearing for Oral Test / Counseling who have produced only “widow” certificate, to obtain “Destitute Widow” from the designated authorities (RDO / Sub-Collector). This matter has been issued as press release in “dailies” on 29.12.2012.” 7. Since the petitioner was successful in the written test, she was called to attend for certificate verification on 07.01.2013. On 07.01.2013, she produced the death certificate of her husband. But admittedly she was not able to produce the destitute widow certificate. This matter has been issued as press release in “dailies” on 29.12.2012.” 7. Since the petitioner was successful in the written test, she was called to attend for certificate verification on 07.01.2013. On 07.01.2013, she produced the death certificate of her husband. But admittedly she was not able to produce the destitute widow certificate. Though she made an application on 02.05.2012 to the Revenue Divisional Officer/ Sub-Collector Namakkal for issuance of Destitute Widow Certificate, the same was issued only on 29.01.2013. It is also relevant that during the pendency of the selection process, a significant decision was taken by the Tamil Nadu Public Service Commission on 27.12.2012, that is, before the petitioner was called to appear for certificate verification on 07.01.2013, and the same was also published in “dailies” on 29.12.2012. The petitioner produced the destitute widow certificate on 31.01.2013, which is within the period of two months, as prescribed under clause (3) of the decision of the respondent that was taken on 27.12.2012. In my view, the respondent is bound by its decision taken on 27.12.2012. 8. In the said circumstances, the petitioner has filed this writ petition seeking for a direction to the respondent to accept the destitute widow certificate submitted by her on 31.01.2013 and to consider her for appointment based on the counseling held on 07.01.2013. 9. In view of the aforesaid facts, more particularly, the decision taken by the Tamil Nadu Public Service Commission on 27.12.2012, which was published in dailies on 29.12.2012, I am of the view that the destitute widow certificate submitted by the petitioner on 31.01.2013 shall be accepted for appointment based on the counseling held on 07.012013. 10. Accordingly, the writ petition is disposed of directing the respondent to accept the destitute widow certificate submitted by the petitioner on 31.01.2013 and consider her for appointment based on the counseling held on 07.01.2013 and pass appropriate orders, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. No costs.