The prayer in the writ petition is for a mandamus to direct the respondents to accept the candidature of the petitioner for the post of Executive Officer Grade-I in the Tamil Nadu Hindu Religious and Charitable Endowments Administration Department in Group VII-A Service for the year 2008-2009 and publish the selection result within the time limit that may be stipulated by this Court.
2.The case of the petitioner is that he had completed Under Graduation and was working as Junior Assistant in Regional Transport Office, Madurai, from 03.01.2007. At that juncture, there was a call from the 2nd respondent for the selection to the post of Executive Officer Grade I in the Tamil Nadu Hindu Religious and Charitable Endowments Department under Group VII A for the year 2008-2009. Pursuant to the same, he had submitted an application to the 2nd respondent. Thereafter, he was called for written examinations, where he attended the written examinations. Thereafter, the petitioner was not called for oral interview in spite of the fact being that the petitioner has come up successfully in the written examinations and also to become eligible to be called for the oral interview. While so, the petitioner had come out with this writ petition with the aforesaid prayer seeking for a direction to the 2nd respondent to accept the candidature of the petitioner and to permit him to participate in the oral interview to be conducted.
3. According to the petitioner, the reason for non calling of the petitioner for the oral test is that, there are departmental proceedings pending against the petitioner and in view of the same, he was not called for the interview.
4. Heard the learned counsel for the petitioner and the learned standing counsel for the respondents.
5. During the pendency of the writ petition, the petitioner had been called for oral test on 26.02.2010. Before that, along with other candidates, who participated in the selection process along with the petitioner, the petitioner was not called for oral test for the reason that the petitioner did not produce the No Objection Certificate from the present employer. At any rate, since the petitioner had been permitted to participate in the oral test, on 26.02.2010, he had also participated and performed in the oral Test. However, subsequently, in view of the fact that he has not produced the No Objection Certificate and departmental proceedings also were pending against him in the present Department, where the petitioner is working and also the pendency of the writ petition, the final result of the petitioner has not been published and in fact, the same has been withheld.
6. The learned counsel for the petitioner would contend that the petitioner is fully qualified for the consideration of the appointment to the said post and also the petitioner performed well both in the written examinations as well as in the oral test. When that being so, by keeping the result of the petitioner as withheld without disclosing the same, the 2nd respondent has shown injustice to the petitioner, as by this time, if the result had been published, the petitioner would have come out with flying colours and would have been selected for the said post.
7. After hearing the parties, this Court by order dated 22.12.2016 directed the learned standing counsel for the respondents to get written instructions, as to the details of the performance of the petitioner, including the marks obtained by him, both written Test as well as in the oral Test. In response to the said order passed by this Court on 22.12.2016, today, the learned standing counsel for the respondent has produced a written instruction by way of positional note submitted by the Under Secretary of the Service Commission. The contents of the said note is reproduced hereinder for the appreciation of the issue.
?It is submitted that the petitioner Thiru. G.Kumar (Reg. No.01001146) belonging to BC(OBCM) category, while applying for direct recruitment to the post of Executive Officer, Grade I in the Hindu Religious and Charitable Endowments Administration Department, in the Tamil Nadu Hindu Religious and Charitable Endowments Subordinate Service included in Group VII A Services, Notified on 29.07.2009, had submitted that a criminal case in FIR No.336/2006 u/s.323 & 506(i) filed against him is pending before the Court of judicial Magistrate ? I, Karur and the following Departmental actions had been taken against him:
i.Punishment of stoppage of increment two years without cumulative effect imposed vide Transport Commissioner's proceedings No.7462/V4/2004 dated 03.11.2006 (period of punishment was conclude on 13.06.2009) and ii.17(a) charges imposed vide Transport Commissioner's Proceedings No.13755/VA2/09 dated 31.03.2009 pending against him.
Though Criminal Case and Departmental actions were pending against him, the candidate had been summoned for Oral Test held on 26.02.2010. During Certificate Verification before Oral Test, the candidate had failed to produce No Objection Certificate and assured to produce the same within 7 days. Hence, the application of the candidate Thiru.G.Kumar (Reg. No.01001146) had been admitted provisionally subject to production of NOC and outcome of Criminal case and Departmental action pending against him and the candidate was admitted to Oral Test. The marks of the candidates who participated in the O.T. Were published on 26.02.2010 after completion of Ot process. However, the marks obtained by the petitioner in the Main Written Examination and in the oral test, were withheld for want of NOC from his employer.
Later, based on the marks obtained by the candidates in the Written examination and the Oral Test, following Rule of Reservation of Appointment Age, Qualification and number of vacancies, the selection to the said recruitment was finalised for all the 14 vacancies, on 24.03.2010 and the name and other particulars of the selected candidates had been communicated to the HOD concerned. The petitioner had not reached his turn for selection based on his mark. The marks obtained by the petitioner and the marks obtained by the last candidate selected in the category of petitioner are as follows:
Marks obtained by the petitioner Thiru.G.Kumar (Reg. No.01001146): 487.50(W.E.451.50+OT 36.00) Marks obtained by last candidate selected under BC (OBCM) (G) category: 516.00 (W.E.468.00+OT 48.00) (Reg. No.0260109)?
8. A perusal of the above said positional note submitted by the 2nd respondent would show that the petitioner's candidature has been considered for the said selection and after having been permitted to participate both in the written and oral test, the marks awarded to him is ?written examination ? 451.50 and oral test ? 36. Totally, 487.50. The petitioner belongs to Backward Community. The last candidate, who had been selected under this recruitment under the communal category Backward Class obtained the marks 516 (written examination 468; oral test 48). Since the last person, who had been selected under the said communal category obtained 516 marks that shall be the cut off mark in that category, whereas, the petitioner had reached only 487.50 marks, which is no way nearer, even to the cut off marks. Therefore, absolutely, there is no scope for the petitioner being considered for the said post.
9. In view of the said facts, this Court has no hesitation to hold that the petitioner's prayer for mandamus to consider the candidature for the said recruitment by allowing him to participate in the oral test, in fact, has been accomplished. After having been permitted the petitioner, now, the performances have come out and it has been disclosed by the respondent Service Commission that the petitioner has not reached the zone of consideration for selection. In view of the said factors, the petitioner's claim for selecting him for the said post would not arise at all. Hence, by taking into record the said positional note submitted by the respondent Service Commission, this writ petition is disposed of. No costs. Consequently connected Miscellaneous Petition is closed.
To
1.The Controller of Examinations, Tamil Nadu Public Service Commission, Government Estate, AnnaSalai, Chennai.
2.The Secretary Tamil Nadu Public Service Commission, Government Estate, Anna Salai, Chennai.
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