IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 30.09.2021 CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN AND THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN W.A.No. 2399 of 2021 The Controller of Examination-cum Secretary Incharge, Tamil Nadu Public Service Commission, Poonga Nagar, Chennai – 600 003. ... Appellant -vs-

1. C. Geetha

2. The Government of Tamil Nadu, Rep. by the Commissioner cum Secretary, Archaeology Department, Fort Saint George, Chennai – 600 009. .... Respondents Prayer: Writ Appeal filed under Clause 15 of Letter Patent Act, to set aside the order dated 09.08.2021 passed in W.P.No. 20213 of 2020 and allow the Writ Appeal.

For Appellant : Mr. Karthick Rajan For Respondents : Mr.P. Gunaraj For M/S. Anantha Vishnu *****

J U D G M E N T

(Judgment of this Court was delivered by S.VAIDYANATHAN.,J)

The Writ Appeal is filed against the order passed in W.P.No.20213 of 2020 dated

09.08.2021 in allowing the Writ Petition filed by the First Respondent.

2. In this Writ Appeal, the issue revolves around the uploading of consolidated mark sheet / statement of UGC Degree Certificate. The Writ Petitioner, who is the 1^st Respondent herein had participated in the selection process for the post of Archaeological Officer in Tamil Nadu General Subordinate Service for the year 2019- 2020. The results have been published, in which the 1^st Respondent was ranked in Serial No.7 with the Communal Rank No.4. When the Appellant sought for the documents to be uploaded in the Official Website, though she had uploaded all the required documents, her name was not found in the list of candidates published for verification of original certificates. On enquiry, it was stated that she has not uploaded the consolidated Mark Sheet / Statement of UGC Degree Certificate.

3. According to the Appellant, as per the instructions / notifications, it is mandatory on the part of the candidate to upload all the documents, found mentioned in the filled-in application, failing which, the candidate will not be called for further process. It is submitted by the Appellant that all the candidates were duly instructed to ensure that all the certificates are properly uploaded, when they seek the help of e-seva centers and if there is any erroneous uploading of documents. TNPSC will not be held responsible for the lapses. However, learned Single Judge, taking note of the Judgment of this Court in a batch of cases, in W.P.(MD) Nos.19702, 19703 & 19705 of 2020 [D.Ananthy & 2 others V.The Secretary, TNPSC, Chennai & another] dated 07.07.2021, has held that omitting the name of the Writ petitioner in the provisional list of the Selected Candidates to the post of Archeological Officer in the Tamil Nadu General Subordinate Service for the year of 2019-2020, pursuant to the Notification dated 16.12.2020 is illegal and the name of the candidate will have to considered based on the marks secured by her and the Appellant herein shall take steps to appoint the Writ petitioner within a period of two weeks from the date of receipt of the copy of the said order. Since the condition has not been properly fulfilled by the 1^st Respondent, which has not been considered by the learned Single Judge, the order of the learned Single Judge is liable to be set aside.

4. The 1^st Respondent / Writ petitioner has contended that she has secured 290.5 marks and stood in Sl.No.7 in the rank list and was placed at Sl.No.4 in the Communal Rank (BC category) and Sl.No.2 in women reservation. The 1^st Respondent herein has applied to the post of Archaeological Officer as per the advertisement and unfortunately, she was not called for the original certificate verification and Counseling, despite the fact that she has uploaded all the original certificates with regard to academic qualification. It is further contended that the Respondent has opted Tamil as one of the languages in the U.G., but cannot upload the same, since there was no column provided in the certificate verification portal for entering the mark stat