JUDGMENT :

(Prayer:- Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondent to hold a fresh counselling session for the petitioner enabling her to express her choice of a post included in the Combined Subordinate Services Examination-I as a Open Competition or Open Competition (Woman) candidate appropriate to her rank position: 770 mentioned in the Counselling Schedule for 16.10.2012 authorised by the respondent- TNPSC and pass consequential orders in accordance with law.)

Petitioner is a graduate in Microbiology, postgraduate in Microbial Biotechnology and Master of Philosophy in Microbiology. She is a gold medalist from Madurai Kamaraj University in her under-graduation. She belongs to Backward Community.

2. In response to an advertisement issued by the respondent for direct recruitment to the post included in Combined Subordinate Services Examination-I, she submitted her application under Backward Class category. She enclosed the Community certificate as proof of Backward Class. She appeared for the written test on 30.07.2011 and was directed to appear for certificate verification and oral test on 28.06.2012. After verification of the certificate, she was permitted to participate in the oral test. Considering her performance, she was directed to appear for counselling session held on 16.10.2012 and her rank position was shown as 770. When she was about to express her choice of posting, she was abruptly sent out of the room on the pretext that she was wrongly called by TNPSC for counselling and that she was not eligible for the post included in the Combined Subordinate Services Examination-I. The respondent have obtained a letter from the petitioner that she had not enclosed the Community certificate along with the application. Immediately on 18.10.2012, she sent an email through her lawyer that not permitting her to participate in the counselling session was unfair and unreasonable. Aggrieved over non selection, she preferred the above writ petition.

3. The respondent in counter affidavit would state that the petitioner had scored 244.50 marks in written test and she was summoned for oral test where she secured 30 marks out of 40. As per the instructions to the candidate and as per office order dated 07.11.2006 O.O.No.70 dated 27.08.2009, the candidate has to be treated in the category “Others” as she has not enclosed the Community certificate in support of her claim as Backward Class. However, based on the order passed by this Court in W.A.No.2265 of 2012 dated 12.03.2012, the candidate was called for oral test subject to outcome of the review petition. She could not be treated as open category also as she has not paid the prescribed examination fee, therefore she cannot be appointed. However, she was allowed to participate in the counselling conducted on 07.01.2013 for non oral test posts. The petitioner opted for the post of Assistant in Police Department during the said counselling.

4. Heard the submissions.

5. It is not in dispute that the petitioner possess basic educational qualification to appear for the examination conducted for Combined Subordinate Services Examination-I. According to the petitioner she has enclosed the Community certificate as proof along with the application but she has not shaded the OMR sheet for which mistake she was sent out of the counselling room. The fact remains that she has secured 244.50 marks in the written test and 30 out of 40 marks in the oral test and thus ranked at 770th position. The respondent also did not deny that she had produced the Community certificate at the time of certificate verification. It is obvious that only after verifying the Community certificate she should have been permitted for participating in the oral test. Further, as per her ranking she was entitled to get selection in the Open category also. It is also not in dispute that there are various categories like Backward Class, Backward Class (