Common Order: (P. Sathasivam, J.)

A simple, but important question having far reaching consequences in the field of education and employment arises for consideration in this batch of writ petitions.

2. Since the issue raised in these writ petitions is one and the same, they are being disposed of by the following common order.

3. For convenience, we shall refer the case of the petitioner in W.P.No.32895 of 2005.

(a) According to the petitioner i.e., Dr. M. Vennila, she passed out M.B.B.S. degree in the year 2005 in Tamil Nadu Dr.M.G.R. Medical University. She got her name registered in the Tamil Nadu Medical Council, Chennai on 2.5.2005. The Tamil Nadu Public Service Commission, the respondent in the writ petition issued Notification on 1.7.2005 for filling up the post of Assistant Surgeon (General/ Specialty) in the Tamil Nadu Medical Service for the year 2003-04. The respondent also issued an advertisement in the Newspapers for the said direct recruitment for filling up 1295 posts of Assistant Surgeon (General) and 530 posts in 21 different Specialties. The advertisement was published in leading Newspapers on 4th to 6th July, 2005. On the basis of the said advertisement, the petitioner, Dr.M.Vennila applied for the post of Assistant Surgeon (General) along with prescribed fee and other documents in time. She properly filled up all the columns of application form as instructed by the respondent in the information brochure and signed all the relevant places as indicated by the respondent. The last date for receipt of duly filled in application form was 4.8.2005 and she sent the application well in time.

(b) The procedure for selection of candidates includes written examination and oral test in the shape of interview. The respondent scheduled the date for written examination as 16.10.2005. But, she received the impugned communication from the respondent dated 23.9.2005 rejecting her application on the ground that she did not sign the declaration in the application form. As per the general instructions, the column No.24 of the application form required the petitioner to fill up the details regarding "previous/present employment." In the sub-column 24(a) the petitioner was required to fill up the details of "previous appearance in oral tests". Since she misunderstood that the declaration column found in the application form was only for office use, she did not sign the same. She filled up the application correctly providing necessary information as asked for and enclosed the requisite fee and copies of relevant documents as required by the respondent. The application is complete in every aspect and the approach of the respondent that she did not sign the application form is not correct. The rejection of her application form by the respondent is arbitrary and not sustainable.

(c) Similar averments have been made in all the writ petitions.

4. According to the respondent, namely, Tamil Nadu Public Service Commission, by Notification dated 1.7.2005 applications were invited from candidates for direct recruitment to the post of Assistant Surgeon (General/Specialty) in the Tamil Nadu Medical Service for the year 2003-2004. The last date prescribed for receipt of filled in applications in the office of Tamil Nadu Public Service Commission was 4.8 .2005 and the same was mentioned in the notification issued by the Commission. In response to the notification, 7123 candidates applied to the Commission and out of 7123 candidates, initially a total number of 5317 candidates were found eligible to take up the examination for recruitment and the applications of 1306 candidates were found defective for one or other reasons and accordingly, they were rejected.

5. Paragraph 17 of the Commission's Instructions, etc. to candidates, which was supplied to all candidates along with the application form makes it clear that the filled up applications must reach the Controller of Examinations on or before the prescribed date and the applications rece