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2024 Supreme(Mad) 1917
IN THE HIGH COURT OF JUDICATURE AT MADRAS
ANITA SUMANTH, G. ARUL MURUGAN, JJ.
V. Muthupandi – Appellant
Versus
The Secretary, Tamil Nadu Public Service Commission – Respondent
W.A. No. 3527 of 2024
Decided On : 11-12-2024
Advocate Appeared:
For the Appellant : S. Udhaya Kumar
For the Respondent: R. Bharanidharan
The inclusion of general studies in the examination for Assistant Public Prosecutor Grade II is justified to ensure candidates possess a well-rounded knowledge base essential for the role.
Headnote:(A) Tamil Nadu Public Service Commission Act - Notification No. 13/2024 - Writ Petition challenging the amendment to the examination pattern for Assistant Public Prosecutor Grade II - The amendment included general studies in the examination, which the petitioner argued was unnecessary - The court upheld the amendment, stating that knowledge of general studies is essential for the role. (Paras 1, 4, 19, 30)
(B) Examination Pattern - The court found that the revised examination pattern was more balanced and rigorous, enhancing the focus on law while including general studies as a necessary component. (Paras 28, 30)
Facts of the case:
The writ petitioner, an aspirant for the post of Assistant Public Prosecutor Grade II, challenged the amendment to the examination pattern that included general studies, arguing it was unnecessary given the technical nature of the post. (Paras 1, 5)
Findings of Court:
The court found merit in the Commission's defense, stating that knowledge of law and general studies is essential for the role of Assistant Public Prosecutor. (Paras 8, 30)
Issues: The main issues were whether the amendment to include general studies was justified and whether the petitioner could challenge the selection process after participating in the examination. (Paras 16, 19)
Ratio Decidendi: The court ruled that the inclusion of general studies was necessary for a well-rounded candidate for the role of Assistant Public Prosecutor, emphasizing the importance of general knowledge alongside legal expertise. (Paras 21, 30)
Result: Writ Appeal dismissed.
JUDGMENT :
ANITA SUMANTH, J.
Prayer: Writ Appeal filed under Clause 15 of Letters Patent against order dated 19.11.2024 made in W.P. No. 31222 of 2024.
1. The Writ Petitioner/appellant (hereinafter referred to as ‘Writ Petitioner’/’appellant’) states that the writ petition has been filed in public interest as he is an aspirant for the post of Assistant Public Prosecutor Grade II (APP Grade II), and had responded to a Notification issued by the Tamil Nadu Public Service Commission/TNPSC/ Commission/ respondent on 13.09.2024. That Notification, bearing No. 13/2024 (hereinafter referred to as ‘subject Notification’) calls for applications for direct recruitment for combined Civil Services examination for Group II and IIA services.
2. The subject Notification stipulated the eligibility criteria and required applications to be submitted prior to 11:59 pm of 12.10.2024. Admittedly, the Writ Petitioner has registered for the examination and has applied in time. The mode of selection/scheme of examination comprises of a preliminary examination of a single paper and main examination which would comprise a written examination and interview. The Writ Petitioner has, admittedly, appeared for the examination on 14.09.2024 and is awaiting the results of the same.
3. Before the Writ Court, it was his submission that uniformity should be maintained among all categories of posts in the combined services examination. There had been a change to the Scheme of Examination in the subject Notification when compared to the Notification issued for earlier years, and since the preliminary examination for other services had not been amended, there was no necessity to amend the composition of the paper relating to APP alone.
4. To this end, Mr. S. Udhayakumar, learned counsel for the appellant argued and reiterated before us that the post of APP is also a technical post and hence the paper for the preliminary examination must be similar to, and along the lines of the paper for other technical posts. The format of the examination till the year 2023-24 had not contained any questions on general studies. It was restricted to questions on law, aptitude and mental ability only. There was hence no justification for a change as these subjects would suffice to test a candidate for the APP examination.
5. Hence, the Writ Petitioner had approached the Writ Court seeking a Writ of Certiorari calling for and quashing the subject Notification, particularly Condition No. 6.1 thereof including 75 questions in general studies.
6. In the counter filed, the Commission had defended the amendment pointing out that the candidates who aspired for the post of APP are to possess general knowledge in State affairs, Indian polity and current affairs besides basic knowledge in general studies, Indian economy, aptitude as well as the mental faculties to deal with trials in criminal matters.
7. Moreover, proper procedure had been followed in effecting the amendment. While a uniform scheme had been prescribed in respect of all posts in combined technical services examination, whether interview posts or non-interview posts, the revised methodology provided for a more balanced assessment of the candidate for APP, both in regard to general studies as well as the law. Hence, there is no flaw in the pattern of the paper or the Notification issued.
8. The Writ Court found merit in the defence of the Commission and dismissed the Writ Petition by order dated 19.11.2024, assailed before us. The Writ Court has gone into the role of the Public Prosecutor finding that knowledge of the law as well as general knowledge were pre-requisites for the post of APP.
9. We had, in the hearing before us, sought from Mr. Bharanidharan, learned counsel appearing for the Commission, a copy of the Minutes of the Full Commission to understand the exact proposal put forth and the reasons therefor. A copy of the synopsis for decision and the Minutes of the Full Commission dated 01.08.2024 have been produced before us and ha
