MOHSIN UNISSA Vs. TAMIL NADU PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) Leave granted.

(2.) We have heard learned Counsel on both sides.

(3.) Appellant was temporarily appointed in the Tamil Nadu Public Service Commission itself in the year 1975-76, for regular recruitment, she was selected and appointed in the Finance Department as a Junior Assistant in August 1990. For regularisation of her service passing the Tamil Language test was a pre-condition. Initially, she had appeared in the year 1977. While she was temporarily working, she had passed the exam. She was asked to pass the same examination again after her regular appointment. It would appear that she had requested a companion who was sitting by her side to keep an eye on her answer book and also it was taken that she committed malpractice in coping the paper. On that ground the paper written by her in the year 1977 was also cancelled along with the examination in which she is imputed to have committed malpractice. When she challenged the order, the High Court held that since the examination passed by her in 1977 was valid in law, the cancellation thereof on the ground of her committing malpractice in the second examination in not valid in law. That order has become final.