W.P.No.28900 of 2019

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.08.2022

CORAM :

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR

W.P.No.28900 of 2019

and WMP.No.28645 of 2019

S.Chinnasamy,

S/o.Samyappan

..Petitioner

Vs.

1. The Controller of Examination,

Tamil Nadu Public Service Commission,

TNPSC Road, V.O.C. Nagar,

Park Town, Chennai – 600 003.

2. Tamil Nadu Public Service Commission,

Rep. By the Secretary,

TNPSC Road, V.O.C.Nagar,

Park Town, Chennai – 600 003.

...

Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India

for Writ of Certorarified Mandamus, calling for entire records pertaining

to the Notification No.15/2019 dated 12.04.2019 of the respondents

herein and quash the same and consequently directing the respondents to

publish the mark of the candidates in the written test and to call the

petitioner for certificate verification based on the marks obtained by him

in the written examination conducted on 23.06.2019 and thereafter

conduct certificate verification for direct recruitment of 40 candidates to

___________

Page 1 of 20

https://www.mhc.tn.gov.in/judis

W.P.No.28900 of 2019

the post of Drugs Inspector in the Tamil Nadu Medical Service, pursuant

to the Notification No.15/2019 issued by the 2^nd respondent.

For Petitioner

: Mr.A.Arumugam

for Mr.E.D.Sethupathi

For Respondents

: Mr.V.Vaithiyalingam

Standing Counsel for TNPSC

ORDER

The prayer sought for herein is for a writ of certiorarified

mandamus, to quash the impugned notification No.15/2019 dated

12.04.2019 of the respondents herein and consequently directing the

respondents to publish the mark of the candidates in the written test and

to call the petitioner for certificate verification based on the marks

obtained by him in the written examination conducted on 23.06.2019 and

thereafter conduct certificate verification for direct recruitment of 40

candidates to the post of Drugs Inspector in the Tamil Nadu Medical

Service, pursuant to the Notification No.15/2019 issued by the 2^nd

respondent.

2. The respondents Tamil Nadu Public Service Commission [in

short, the TNPSC] had issued a notification in Advertisement No.544 in

___________

Page 2 of 20

https://www.mhc.tn.gov.in/judis

W.P.No.28900 of 2019

notification No.15/2019 dated 12.04.2019, under which, applications

were invited from eligible candidates for direct recruitment to the post of

Drugs Inspector in the Tamil Nadu Medical Service and Junior Analyst in

the Tamil Nadu Medical Subordinate Service.

3. 40 posts were identified for the post of Drugs Inspector.

According to the distribution of the vacancies, apart from the vertical

communal reservation, 4% horizontal reservation for differently abled

persons under the provisions of the Rights of persons with Disabilities

Act, 2016 [in short, the Disabilities Act] have already been made, where

one post in the Backward Class i.e., other than the B.C. Muslim has been

earmarked for differently abled persons with low vision category.

4. In this context, it is the case and the grievance of the petitioner

that the petitioner completed P.G. Degree in M.Pharm, pursuant to the

notification No.15/2019 as referred to above for direct recruitment to the

post of Drugs Inspector, the petitioner applied online. Since the petitioner

is physically challenged person with 45% disability, he had also made an

application under the quota of disabled person or differently abled

___________

Page 3 of 20

https://www.mhc.tn.gov.in/judis

W.P.No.28900 of 2019

person, he appeared for the written examination on 23.06.2019 and he

waited for results to be published.

5. While that being so, the petitioner claimed that he was shocked

to see a copy of the proceedings dated 21.08.2019 of the first respondent

giving the list of candidates with registration numbers, who have been

provisionally called