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2023 Supreme(Mad) 451
IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. ANAND VENKATESH, J.
R. Venkatesan - Petitioner
Versus
The Secretary, Tamil Nadu Public Service Commission, Chennai & Ors. - Respondents
W.P. Nos.12776, 16090 of 2020, 11656, 11657, 11659, 11664, 11717, 11821, 11824, 11832, 11848, 12026, 12041, 12089, 12090, 12091, 12095, 12096, 12097, 12098, 12100, 12107, 12114, 12115, 12116, 12118, 12130, 12132, 12136, 12147, 12149, 12150, 12151, 12152, 12153, 12154, 12335, 12358, 12375, 12391, 12392, 12403, 12411, 12420, 12527, 12536, 12537, 12639, 12754, 13001, 13002, 13067, 13366, 13386, 13437, 13500, 13504, 13510, 13570, 14245, 14262, 14362, 14406, 14802, 15330, 15548, 15554, 15987, 22781, 28055 of 2021, W.P. Nos.26382 and 31899 of 2022 and W.M.P. Nos.15785, 20046, 20047of 2020, WMP Nos.12400,12401, 12402, 12404, 12406, 12407, 12415, 12418, 12475, 12478, 12564, 12565, 12566, 12567, 12575, 12597, 12598, 12599, 12794, 12795, 12798, 12810, 12812, 12813, 12815, 12862, 12863, 12864, 12865, 12866, 12869, 12870, 12871, 12872, 12873, 12877, 12885, 12886, 12887, 12888, 12889, 12890, 12891, 12900, 12901, 12902, 12906, 12907, 12917, 12918, 12919, 12922, 12926, 12927, 12923, 12924, 12925, 12928, 12929, 12930, 12932, 12933, 12935, 12931, 12934, 12936, 12937, 12938, 12939, 13133, 13136, 13148, 13149, 13151, 13152, 13169, 13170, 13171, 13172, 13173, 13174, 13175, 13176, 13186, 13196, 13202, 13310, 13311, 13316, 13317, 13429, 13430, 15072, 13547, 13548, 13804, 15277, 13806, 15278, 13872, 15281, 14198, 14200, 14201, 14230, 14231, 14232, 14304, 14305, 14306, 14368, 14370, 14371, 14373, 14375, 14376, 14378, 14379, 14380, 14437, 14438, 15167, 15168, 15173, 15174, 15262, 15263, 15264, 15312, 16213, 16215, 16464, 16470, 16895, 16898, 24003, 24004, 29630 of 2021, 3326, 8919, 25457, 30946, 32821 and 31348 of 2022
Decided On : 10-02-2023
For the Petitioner: Mr. M. Elango.
For the Respondents:Mr. P. Wilson Senior Counsel for Mr. Karthik Rajan Standing Counsel for TNPSC, Mr. S. Silambanan Additional Advocate General II Asst. by Mr. L.S.M. Hassan Faizal Additional Government Pleader and G. Amidues Government Advocate.
Headnote:
Constitution of India, 1949 – Article, 226 – Tamil Nadu Government Servants (Conditions of Service) Act, 2016 – Section 25, 27 – Power of High Court to issue Certain Writs – Motor Vehicle Inspector – Alleged Non-fulfilment – Writ petitions pertains impugned provisional selection list published by Tamil Nadu Public Service Commission (TNPSC) candidates to oral test for selection and appointment by direct recruitment to post of Motor Vehicle Inspector Tamil Nadu Transport Sub-ordinate Service consequential direction to TNPSC to prepare a fresh selection list for admission to oral test by permitting – Held, Learned Senior Counsel appearing on behalf of TNPSC submitted that this ground was raised even during pendency of these batch of writ petitions been dealt with and orders have been passed and confirmed by Division Bench substantiate learned Senior Counsel also pointed sufficiently answers contention regarding the non fulfilment of notification ground to interfere with the selection alleged non-fulfilment – Writ petitions are disposed of.
ORDER :
The subject matter of challenge in all these writ petitions pertains to the impugned provisional selection list published by the Tamil Nadu Public Service Commission (TNPSC) on 28.04.2021, calling 226 candidates to oral test for selection and appointment by direct recruitment to the post of Motor Vehicle Inspector Grade-II, in the Tamil Nadu Transport Sub-ordinate Service and for a consequential direction to the TNPSC to prepare a fresh selection list for admission to the oral test by permitting the petitioners to participate in the same.
2. The selection process started by virtue of a notification issued by TNPSC on 14.02.2018 and the first selection of 32 candidates for oral test became a subject matter of challenge and this Court disposed of a batch of writ petitions by order dated 24.01.2020, by issuing certain directions. The case has gone one full round and once again the fresh selection of 226 candidates has become a subject matter of challenge in these batch of writ petitions. Unfortunately, the selection process that started five years ago has not progressed a wee bit and the challenge to the fresh selection has once again come before me after nearly three years, in the very same position in which I left three years ago while passing orders on 24.01.2020.
3. The background facts of this case have been explained in the previous order passed on 24.01.2020 and for proper appreciation, it is extracted here under :
2. The TNPSC issued Advertisement No.489, dated 14.02.2018, in Notification No.3/2018, inviting applications through online mode for direct recruitment to the post of Motor Vehicle Inspector Grade-II, coming under the Tamil Nadu Transport Subordinate Service, to fill up 113 posts in the scale of pay of Rs.35,900/- - 1,13,500/-. The last date for submission of online applications was fixed as 13.03.2018 and the last date for submission of attested hard copies of the documents along with printout of online application was fixed as 25.03.2018. The date of written examination for Paper-I and Paper-II was fixed to be held on 10.06.2018.
3. The educational qualification and experience as on 14.02.2018 was provided under Clause 6(B) of the Notification and the same is extracted hereunder:
6(B) EDUCATIONAL QUALIFICATION AND EXPERIENCE as on 14.02.2018.
Applicants should possess the following or its equivalent qualification and experience as on 14.02.2018 (i.e. the date of notification):-
| QUALIFICATION | EXPERIENCE |
| (i) SSLC
(ii) Any one of the following Qualifications awarded by the State Board of Technical Education and Training, Tamil Nadu.
A Diploma in Automobile Engineering (3 years Course)
Or,
A Diploma in Mechanical Engineering (3 years Course) | (i) Experience of having worked for a period of not less than one year both on vehicles fitted with diesel Engines on a full time basis in an Automobile Workshop which undertakes repairs of Light Motor Passenger Motor Vehicles, Heavy Goods Vehicles and Heavy Passenger Motor Vehicles
(ii) Must hold a valid driving licence authorising him to drive Motor Cycle, Heavy Goods Vehicles and Heavy Passenger Motor Vehicles.
and (iii) Must have experience in driving Heavy Transport Vehicles for a period of not less than six months after obtaining the licence referred to above. |
Provided that other things being equal, preference shall be given to those who possess Post Diploma in Automobile Engineering awarded by the State Board of Technical Education and Training, Tamil Nadu.
EXPLANATION: “Automobile workshop” shall mean
(A) An Automobile workshop owned by the Government or the State Transport Corporation.
Or
(B) An Automobile workshop recognised or approved or certified by the Transport Commissioner of the Director, Motor Vehicles Maintenance Department for carrying out all kinds of repairs.
4. Annexure-II specifically prov
