IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 24.05.2024 CORAM :

THE HON'BLE MR. R. MAHADEVAN, ACTING CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE MOHAMMED SHAFFIQ W.A.Nos.2813 & 2817 of 2023 and C.M.P.Nos.23483 and 23495 of 2023 W.A.No.2813 of 2023 C.Priyanga ... Appellant Vs.

1.The Secretary, Tamil Nadu Public Service Commission, TNPSC Road, V.O.C.Nagar, Chennai - 600 003.

2.The Industries Commissioner and Director of Industries and Commerce, Guindy, Chennai - 32.

3.G.Akila

4.The Secretary to the Government, Micro Small & Medium Enterprises Department, Secretariat, Chennai - 3. ... Respondents Writ Appeal filed under Clause 15 of the Letters Patent, against the order of the learned Judge dated 27.07.2023 in W.P.No.554 of 2022.

For Appellant : Mr.R.Govindasamy For Respondents : Mr.R.Bharanidaran Standing Counsel for R1 Mr.C.Selvaraj Additional Government Pleader for R2 and R4 Mr.L.Chandrakumar for M/s.VPN Associates for R3 W.A.No.2817 of 2023 Dhivya Janani.K. ... Appellant Vs.

1.The Secretary, Tamil Nadu Public Service Commission, TNPSC Road, V.O.C.Nagar, Chennai - 600 003.

2.The Secretary to the Government, Micro Small & Medium Enterprises Department, Secretariat, Chennai - 3.

3.The Industries Commissioner and Director of Industries and Commerce, Directorate of Industries and Commerce, Guindy, Chennai - 32.

4.K.Kalai Selvi ... Respondents Writ Appeal filed under Clause 15 of the Letters Patent against the order of the learned Judge dated 27.07.2023 in W.P.No.6216 of 2022.

For Appellant : Mr.R.Govindasamy For Respondents : Mr.R.Bharanidharan Standing Counsel for R1 Mr.C.Selvaraj Additional Government Pleader for R2 and R3 Mr.N.G.R.Prasad For M/s.Row and Reddy for R4

COMMON JUDGMENT

The Acting Chief Justice These writ appeals have been filed against the common order dated

27.07.2023 passed by a learned Judge in W.P.Nos.554 and 6216 of 2022 respectively.

2. The appellants preferred the aforesaid writ petitions challenging the provisional selection of the private respondents for appointment to the post of Assistant Director of Industries and Commerce (Technical) in Micro, Small and Medium Enterprises [EI(1)] Department included in the Tamil Nadu Industries Service for the year, 2019 by the first respondent as per Notification No.34 of 2019 dated 09.12.2019, quash the same, and consequently, direct the first respondent to select the appellants to the said post.

3.Facts in brief are as follows:

3.1. The appellant in WA No. 2813 of 2023 belongs to Scheduled Caste community. She is a graduate in B.E. (Printing Technology). After her graduation, from 08.08.2016 to 17.05.2019, she worked in M/s.Technova Imaging Systems Private Limited, Saidapet, Chennai, which is involved in the manufacturing and marketing of offset plates and chemicals, marketing of equipment and software, and she obtained an experience certificate on 22.03.2021 from the said company. Pursuant to the advertisement issued by the first respondent vide notification no.34/2019 dated 09.12.2019, the appellant applied for the post of Assistant Director of Industries and Commerce (Technical) enclosing all the necessary educational and experience certificates. Subsequently, she attended the written examination on 09.01.2021 and interview on 17.12.2021. After certificate verification, the first respondent issued the ranking list on 06.01.2022 for the post in question and thereafter, conducted counselling on 19.01.2022. As per the ranking list, the appellant scored a total mark of 322.50 under SC category and was placed at 29th position. On the other hand, one G.Akila (third respondent in WA No.2813 of 2023), who was not having proper experience and did not fulfil the eligibility condition stipulated in the notification, though was at 26th rank, was selected provisionally for appointment to the said post.

3.2. The appellant in W.A.No.2817 of 2023 belongs to Most Backward Classes (MBC) community. She is a graduate in B.E. (Chemical Engineering). After her graduation, she worked in M/s.Sterlite