Judgment 1. This Writ Petition is directed against the order dated 7 January 2015, whereby and whereunder, Tamil Nadu Public Service Commission (hereinafter referred to as TNPSC), was pleased to reject the application submitted by the petitioner for appointment to the post of Personal Assistant to the Hon’ble Judges, Madras High Court, on the ground that he failed to submit evidence for having passed the typewriting test in English in senior grade. The facts :- 2. The petitioner has passed the high speed shorthand examination conducted by the Department of Technical Education, Tamil Nadu, with a speed of 150 w.p.m. Similarly, he passed typewriting in English with a speed of 40 w.p.m. The petitioner has also passed shorthand examination with speed of 120 w.p.m. conducted by Gujarat State Examination Board. The petitioner is presently working as P.A. to the Hon’ble District and Sessions Judge, Ahmedabad. 3. The petitioner submitted an application for appointment to the post of P.A. to Hon’ble Judges pursuant to the notification issued by TNPSC dated 22 November 2013. TNPSC, after verifying the educational qualification of the petitioner, called upon him to appear for written examination on 23 February 2014. Since the petitioner qualified in the written examination, he was directed to appear for skill test in shorthand on 12 July 2014. After the skill test, the petitioner was called for document verification on 5 January 2015 and oral interview on 6 January 2015. When he appeared before the 2nd respondent for verification of documents on 5 January 2015, certain objections were raised with regard to his present position as a probationer and passing the typewriting examination with a speed of 40 w.p.m. The 2nd respondent passed an order dated 7 January 2015, stating that the certificate produced by the petitioner does not contain any indication that he passed the typewriting in English with senior grade. The petitioner was not permitted to attend oral test. Feeling aggrieved by the belated rejection of his application, the petitioner is before this Court. Submissions :- 4. The learned counsel for the petitioner contended that different states are conducting typewriting courses and different yardsticks are adopted for the purpose of awarding marks. According to the learned counsel, Gujarat State Examination Board is not awarding grades and as such, the certificate produced by the petitioner does not contain any grade. Submissions :- 4. The learned counsel for the petitioner contended that different states are conducting typewriting courses and different yardsticks are adopted for the purpose of awarding marks. According to the learned counsel, Gujarat State Examination Board is not awarding grades and as such, the certificate produced by the petitioner does not contain any grade. It was contended that the fact that grade was not mentioned in the certificate would not show that the petitioner is not having the required speed. The learned counsel further contended that appointments were made earlier to the post of P.A. to Hon’ble Judges in Madras High Court service by recruiting persons having 40 w.p.m., in typewriting. The learned counsel therefore contended that TNPSC was not right in rejecting the application submitted by the petitioner. 5. The learned Standing counsel for TNPSC, on instruction, submitted that the Department of Technical education, Government of Tamil Nadu, used to issue senior grade certificate, only to those who have achieved speed of 45 w.p.m. Since the certificate obtained by the petitioner contain a statement to the effect that he has passed typewriting examination with a speed of 40 w.p.m., the same resulted in rejecting the application of the petitioner. The learned counsel explained the steps taken by TNPSC in the matter of recruitment to the post of P.A. to Hon’ble Judges. To a query from the Court, learned counsel submitted that there are no sufficient eligible candidates for appointment to the post of P.A. to Hon’ble Judges under general category. Analysis :- 6. The documents available on record would show that the petitioner passed High Speed shorthand examination conducted by the Department of Technical Education, Government of Tamil Nadu, with speed of 150 w.p.m. Similarly, the petitioner passed typewriting examination conducted by Gujarat State Examination Board with a speed of 40 w.p.m. The Certificate issued by Gujarat State Examination Board does not contain a column, indicating Grade. It mentions only the speed achieved by the candidate. 7. The notification issued by TNPSC shows that candidates for appointment to the post of P.A. to Hon’ble Judges must have passed Government Technical Examination in shorthand and typewriting in English by higher/senior grade. The selection is not restricted to the candidates from Tamil Nadu. It is an all India selection and candidates across India would be eligible to make application. The notification issued by TNPSC shows that candidates for appointment to the post of P.A. to Hon’ble Judges must have passed Government Technical Examination in shorthand and typewriting in English by higher/senior grade. The selection is not restricted to the candidates from Tamil Nadu. It is an all India selection and candidates across India would be eligible to make application. The petitioner passed typewriting examination with speed of 40 w.p.m. Since the certificate issued by Gujarat State Examination Board does not contain grade, TNPSC made an attempt to compare the said certificate in the light of the guidelines issued by the Department of Technical Education, Government of Tamil Nadu in the matter of giving Grades. It is the contention of TNPSC that Department of Technical Education would issue senior grade certificates only to those who have achieved speed of 45 w.p.m. Since the typing speed of the petitioner is 40 w.p.m., TNPSC considered it as below grade. TNPSC committed a jurisdictional mistake by comparing the certificate issued by Gujarat State Examination Board with the certificate issued by Department of Technical Education, Government of Tamil Nadu. 8. The notification issued by TNPSC does not expressly say that the candidates should have passed typewriting examination with a speed of 45 wpm. In case a particular State is not giving grade certificate, TNPSC cannot be heard to say that such candidates would not be permitted to take part in the selection process. TNPSC should have expressly mentioned the minimum speed required for consideration of application for appointment to the post of P.A. to Hon’ble Judges. The fact that Government of Tamil Nadu would issue Grade to a candidate only if he achieved a speed of 45 w.p.m., cannot be a reason to reject the certificate produced by a candidate indicating that he passed the typewriting examination with a speed of 40 w.p.m. 9. The Supreme Court of India has issued an advertisement dated 10 May 2014, calling for applications for appointment to the post of Senior Personal Assistant wherein knowledge of computer operation with typing speed of 40 w.p.m., alone is prescribed as the qualification. 10. The petitioner made an application against general category. Factual matrix clearly show that there are no sufficient candidates for appointment to the post of P.A. to Hon’ble Judges, earmarked for general category. 10. The petitioner made an application against general category. Factual matrix clearly show that there are no sufficient candidates for appointment to the post of P.A. to Hon’ble Judges, earmarked for general category. It is not possible to carry forward the vacancy earmarked for general category candidates to the next selection. The post earmarked for General Category would therefore lapse, automatically, in the event there are no eligible candidates. 11. The total number of applications received by TNPSC and the limited number of candidates from General Category applied to the said post also would show that sufficient candidates are not available for appointment to the post of P.A. to Hon’ble Judges. In fact, the petitioner in his representation dated 6 January 2015 indicated that his brother, who has also passed the very same examination, with a typing speed of 40 w.p.m., conducted by Gujarat State Examination Board was appointed by High Court and he is presently working as P.A. to Hon’ble Judges. Such being the position, the petitioner is perfectly correct in his contention that TNPSC rejected his application by taking a too technical view of the matter. 12. This Court has already protected the interest of the petitioner by directing TNPSC to keep one post under general category vacant. Disposition :- 13. In the result, the impugned order dated 7 January 2015 is set aside. The 2nd respondent is directed to call the petitioner to attend the oral test for appointment to the post of P.A. to Hon’ble Judges, pursuant to the notification no.19/13 dated 22 November 2013 and pass appropriate orders. Such exercise shall be completed within a period of two weeks from the date of receipt of a copy of this order. 14. The Writ Petition is allowed as indicated above. No costs. Consequently, M.P.No.1/2015 is also closed.