R.DHANASELVI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The Writ of Declaration is filed declaring the non-selection of the writ petitioner for appointment to the post of Post Graduate Assistant (Commerce) as null and void and consequently TO direct the respondents to consider the petitioner to the post of Post Graduate Assistant (Commerce) by placing the petitioner in the appropriate roaster point with consequential benefits.

(2.) The learned counsel appearing on behalf of the writ petitioner states that the petitioner is a candidate studied under the Tamil Medium (PSTM) and therefore, she is eligible to avail the quota fixed for the persons studied under the Tamil Medium (PSTM). However, the petitioner admittedly has not opted the PSTM quota in her application. The writ petitioner had failed to inform the authorities in the application form that she is submitting her application under PSTM category. In other words, the petitioner had not submitted her application under PSTM category. In this regard, the learned counsel for the petitioner states that it is a mistake committed by the writ petitioner at the time of filling up the application and therefore, she cannot be penalised for such a mistake. The writ petitioner otherwise is eligible to avail the benefit under the PSTM category. The learned counsel appearing for the writ petitioner is of an opinion that such mistake committed by candidate cannot be held against her, more specifically, for the purpose of selection and appointment when the petitioner could able to establish subsequently that she is eligible to get appointment under the PSTM category. The case of the writ petitioner ought to have been considered by the competent authorities. The writ petitioner has already attained the age limit and she may not be get further opportunity to participate in the further process of selection.

(3.) The learned counsel appearing for the writ petitioner referred the judgment of this Court, dated 27.04.2019 in W.P(MD)No.22006 and 22055 of 2018 and in paragraphs 17 and 18 are extracted hereunder:-