The petitioner is a Destitute Widow. Her husband died on 28.09.2006. She has got a daughter aged 11 years old. The respondent Tamilnadu Public Service Commission called for applications for the Combined Subordinate Service Examination-I (CSSC-I) Group II on 30.06.2007 as per advertisement No.115.

2. The petitioner applied for the same under destitute widow category on 28.07.2007. But, while submitting her application, since, the petitioner did not readily have destitute widow certificate obtained from the competent authority, she submitted a letter along with the application, intimating the respondent that she would submit the destitute widow certificate as soon as she gets the same from the competent authority. She had already applied for destitute widow certificate. Her application was entertained by the respondent Commission and Registration Number was assigned to her.

3. Subsequently, the petitioner obtained destitute widow certificate dated 31.07.2007 on 02.08.2007 and immediately submitted a copy of the same to the respondent. Thereafter, she was allowed to take up the written examination held on 111. 2007. The results were declared on 21.02.2008, wherein, it was declared that the petitioner had passed the written examination and qualified for interview. On 25.02.2008, the respondent Commission sent a letter to the petitioner calling upon her to send a copy of the hall ticket along with a copy of destitute widow certificate. The petitioner immediately complied with the same. Thereafter, by memo No.2736/OTD-B2/2007 dated 05.03.2008, the respondent sent a call letter for interview to be held on 31.03.2008. The petitioner was asked to produce all the original certificates including destitute widow certificate. Accordingly, the petitioner appeared for the interview and produced all the certificates. On perusing the destitute widow certificate, the Officers of the respondent Commission were satisfied and they retained the original destitute widow certificate with them for office purposes.

4. The petitioner further claims that she was under the impression that she would be considered under the destitute widow quota and selected. But, the respondent Commission sent a memorandum No.6764/RID/2007 dated 16.04.2008 informing the petitioner that her claim for consideration under the destitute widow category was not accepted, since, the destitute widow certificate sent by her on 210. 2007 was received by the respondent after the last date for receipt of the application. The said letter is challenged in this writ petition with a consequential prayer for a direction to the respondents 1 & 2 to consider the case of the petitioner for appointment to the post for the Combined Subordinate Service CSSC-I (Group II) under the destitute widow category as per the order of merit.

5. This court by an interim order dated 20.05.2008 directed the respondents to keep one post vacant and this court is now informed that accordingly one post is kept vacant.

6. In the counter filed by the respondents, it is stated that as per Rule 21(bb) of the Tamil Nadu State and Subordinate Rules, every candidate claiming to be a Destitute Widow shall produce a certificate from the Revenue Divisional Officer (RDO) or the Assistant Collector or the Sub Collector concerned. It is further stated that such a Certificate is insisted even in the OMR application. The Counter further proceeds to say that it is essential that the petitioner should have produced a copy of the Destitute Widow Certificate along with the application. Since the petitioner did not enclose a copy of the Destitute Widow Certificate along with her application and since, the same was received in the respondent office approximately after one month from the last date of receipt of applications, the said certificate cannot be accepted and she cannot be considered under the said category. It is stated that as per Column 25(12) of the OMR application, the candidates are required to submit attest