K ARUN SABHAPATHY Vs. TAMILNADU PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) THE petitioner applied for appointment to the post of Civil Judge (Junior Division) in the Tamil Nadu State Judicial Service, conducted by the Tamil Nadu Public Service Commission (for short, 'the TNPSC'), pursuant to the Notification No.164, dated 10.5.2008 issued by the TNPSC. Having not come out successful for appointment to the said post, he preferred the present Writ Petition to treat him as a Backward Class Community candidate for appointment to the said post.

(2.) THE grievance of the petitioner is that though he applied for appointment to the post of Civil Judge (Junior Division) pursuant to the said Notification dated 10.5.2008 as a Backward Class Community category candidate and obtained fairly good marks in the written test held on 2/3.8.2008 and persons having scored marks lower than him, have been appointed against the post reserved for the Backward Class community candidate, but the petitioner has not been declared as a successful candidate for appointment to the said post.

(3.) ON the other hand, the stand taken by the learned Senior Counsel appearing for the learned Standing Counsel appearing for the first respondent-TNPSC is that the submission of Community Certificate along with the OMR Application Form, is mandatory and on failure to submit the same, the case of the candidate cannot be considered against the reserved post. He placed reliance on an unreported decision of a Division Bench of this Court in the case of "R.Bagyaraj vs. TNPSC", W.P.No.18577 of 2008, dated 1.8.2008, wherein appointment pursuant to this very Examination held on 2/3.8.2008, was considered by the Division Bench, which rejected similar plea as was taken by the petitioner of the said case, he having not submitted the Community Certificate along with the Application Form.Reliance was also placed on another Division Bench decision of this Court in the case of "Dr.M.Vennila vs. Tamil Nadu Public Service Commission", reported in 2006 (3) CTC 449.