SELVI PERIYANAYAGI Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THE prayer in the writ petition is for a writ of declaration to declare that the denial of appointing the petitioner for the post of Typist in the Tamil Nadu Ministerial/Tamilnadu Secretariat Service, and Tamil Nadu Judicial Ministerial Service for the year 2006-07 is illegal and invalid.

(2.) THE case of the petitioner is that she obtained SSLC qualification in April 1992, thereafter completed Typewriting Junior and Senior Grade examinations in both Tamil and English during July 1996 and January 1997 respectively and registered her name with the District Employment Office, Tuticorin on 11.09.1997. THE petitioner completed her higher secondary examination in March 2002. THE petitioner applied for the post of typist, pursuant to the notification issued by the second respondent for the year 2006-2007. THE petitioner is stated to have enclosed all the certificates, which are required except the community certificate, but however, she had mentioned in the application form that she belonged to a backward community. THE petitioner appeared for the written examination on 27.01.2008 and she was declared passed and provisionally selected for the post of typist under BC category. THEreafter, the second respondent issued a call letter dated 12.11.2008, calling upon the petitioner to appear for certificate verification on 04.12.2008. THE petitioner accordingly appeared on 04.12.2008 and produced all certificates including the community certificate, which was issued to her by the Revenue Authorities on 22.09.2008. In spite of the same, she was not issued with the order of appointment and therefore, the petitioner is before this Court by way of the present writ petition.

(3.) PER contra, Mr.K.Surendra Nath, learned counsel appearing for the TNPSC would submit that the list of provisionally selected candidates to the post of typist was published on 08.11.2009 and the petitioner is one among the candidates provisionally selected for the said post. Though, she claimed to be backward community, she did not enclose the community certificate in support of her claim and did not shade Column No. 25(6) of the OMR application form. Based on the marks secured by her in the competitive examination and based on the claim made by her that she is a BC candidate, she was provisionally selected as she has secured 232.50 marks. The petitioner was called for certificate verification on 04.12.2008 and at that time, she has produced the community certificate issued by the Zonal Deputy Tahsildar, Tuticorin on 22.09.2008 and since, the certificate was produced after the last date of receipt of application by the TNPSC that is 14.12.2007, she cannot be considered as a backward class candidate and cut-off mark of general turn (G) is 241.50 and for general turn women is 235.50 and therefore the petitioner was not considered for selection.