LAWS(MAD)-2018-3-547

A RAMESH Vs. TAMIL NADU PUBLIC SERVICE COMMISSION

Decided On March 21, 2018
A Ramesh Appellant
V/S
TAMIL NADU PUBLIC SERVICE COMMISSION Respondents

JUDGEMENT

(1.) The petitioner has filed this writ petition seeking for issuance of a writ of certiorarified mandamus to quash the show cause notice Memo No.6808/OTD-C3/2012, dated 10.09.2015 issued by the first respondent /the Secretary, Tamil Nadu Public Service Commission (TNPSC), Chennai, and for a consequential direction to appoint him as Assistant Commissioner in the second respondent Hindu Religious and Charitable Endowments (HR & CE) Department, with effect from the date on which other 3 selected candidates were appointed as per the Notification No.2/13, dated 21.02.2013.

(2.) Mr.N.G.R. Prasad, learned counsel for the petitioner pleaded that the petitioner was appointed as Executive Officer (E.O.) in the second respondent department through direct recruitment conducted by the first respondent TNPSC. While he was working in the said post, he took part in two selections conducted by the first respondent TNPSC for the post of Assistant Commissioner as well as Executive Officer (Grade-I) in the second respondent department. Subsequently, he was selected and appointed by direct recruitment to the post of E.O. (Gr.I) on 09.11.2011 and in the said post, he has been continuously working till now.

(3.) In the meanwhile, it is stated, the TNPSC issued a Notification No.2/13, dated 21.02.2013, inviting applications from the candidates for recruitment to (i) the post of Assistant Commissioner and (ii) E.O. Grade-I in the second respondent department. In the said selection process, he was ranked No.2 in the overall ranking. It is also stated that since he belongs to SC category, he would have ranked No.1 in view of disqualification of a candidate who was ranked No.1, however, he was not appointed in the post of Assistant Commissioner. On the contrary, he was issued with the impugned show cause notice proposing to cancel his selection and to debar him from writing the future examinations on the alleged ground of suppression of material facts.