M SENTHILKUMAR Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) THE failure on the part of the Tamil Nadu Public Service Commission to give weightage to preferential qualification in accordance with the Selection Notification, on account of securing equal marks by four candidates and the ultimate selection of respondents 4 and 5, two among four such candidates, solely on the ground of their seniority in age, made the petitioner to challenge the selection, and the dismissal of the writ petition by the learned single Judge on the basis of an incorrect statement made by the Commission that extra marks were given for preferential qualification compelled him to file this intra-court appeal.

(2.) THE Tamil Nadu Public Service Commission [hereinafter referred to as 'the Public Service Commission'] issued a notification dated 18 April 2007 calling for applications from eligible candidates for appointment to the post of Motor Vehicle Inspector, Grade II. As per the notification, selection would be made in two successive stages viz., written examination and oral test. Final selection would be made on the basis of total marks obtained by the candidates in the written examination and the oral test, subject to the rule of reservation. The notification contains a further provision that other things being equal, preference shall be given to those who possess Post Diploma in Automobile engineering awarded by the state board of technical education and training, Tamil Nadu.

(3.) THE learned single Judge accepted the statement given by the Public Service Commission to the effect that the appellant has obtained 30 marks in the oral test which includes the marks for preferential qualification under clause 5(b) of the notification. According to the learned Judge, but for the additional marks given to the appellant for preferential qualification, he would not have obtained such higher marks in the interview. Accordingly, the learned single Judge dismissed the writ petition. Feeling aggrieved by the said order, this intra-court appeal has been filed.