R DHARMALINGAM Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) PETITION filed under Article 226 of the Constitution of India praying for the issuance of a Writ of certiorarified mandamus, calling for the records relating to the proceedings of the second respondent vide Memo A.No.352241QD-E1/09 culminating in its order dated 3.1.2009 quash the same and direct the second respondent to re-evaluate the petitioner's answer sheet for the subject of General knowledge and General Tamil Written by him with the Register No. 02505192 in Group-IV SERVICES SPECIAL COMPETITIVE EXAMINATION-2007 held by the second respondent on 17.2.2008 and award proper marks.) The petitioner has come forward to file the present writ petition, seeking to challenge the order dated 03.01.2009 passed by the second respondent - TNPSC in response to his letters dated 18.07.2008 and 11.12.2008. By the impugned order, the second respondent had informed the petitioner that the petitioner's first letter was received by them after verification of certificates of the selected candidates. Since the letter was sent belatedly, no action will be taken on the basis of the request made by the petitioner.

(2.) THE case of the petitioner was he was appointed as a Junior Assistant on contract basis on 04.07.2003 and was posted to work in the Commercial Tax Department. When applications were called for by a notification dated 06.12.2007 for Special Competitive Examination among those temporary candidates, the petitioner had also sent his application. THE examination comprised of two papers i.e. General Knowledge and General Tamil or General English carrying 150 marks each. THE pass mark prescribed for Group IV Special Competitive Examination was 90 out of 300 marks. THE petitioner got his hall ticket to attend the examination in a centre at Tiruchirappalli.

(3.) IN the instructions given to the candidates for writing the examination, in INstruction Nos.23 and 42, it was stated as follows:-