W.A.No.2669 of 2022 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 24.03.2025 CORAM : THE HONOURABLE MR. JUSTICE S.S. SUNDAR AND THE HONOURABLE MR. JUSTICE C. SARAVANAN W.A.No.2669 of 2022 J.Menaka ... Appellant Vs. The Tamil Nadu Public Service Commission, Represented by its Secretary, Frazer Bridge Road, Chennai – 600 003. .. Respondent Prayer : Writ Appeal filed under Clause 15 of the Letters Patent against the order dated 08.09.2022 in W.P.No.34813 of 2016 on the file of this Court. For Appellant : Mr.V.V.Giridhar Page 1 https://www.mhc.tn.gov.in/judis W.A.No.2669 of 2022 J U D G M E N T (Judgment was delivered by S.S. SUNDAR, J.) This Writ Appeal is directed against the order of the learned Single Judge of this Court dated 08.09.2022 dismissing the writ petition filed by the appellant in W.P.No.34813 of 2016 for issuing a Writ of Mandamus directing the respondent to include the name of the appellant in the selection list dated 28.03.2016 for the post in Group-I services 2012-14. 2.The appellant participated in the process of selection for appointment to the post in Group-I Services in the Government of Tamil Nadu. The appellant states that she has submitted her application under the Persons Studied in Tamil Medium (PSTM) Quota. The grievance of the appellant in the affidavit filed in support of the writ petition is that the Quota allotted to Persons Studied in Tamil Medium has not been properly considered by the Tamil Nadu Public Service Commission and that some ineligible persons were considered for selection. Though a specific averment is made in the affidavit filed in support of the writ petition, particularly in Para No.10 of the affidavit, the prayer in the writ petition is Page 2 https://www.mhc.tn.gov.in/judis W.A.No.2669 of 2022 only for a Mandamus to direct the respondent to include the name of the writ petitioner in the selection list dated 23.08.2016. 3.It is to be noted that the appellant herself has made an application under Right to Information Act on 12.09.2016 before approaching this Court, seeking the following information : “1/FU:g; 1 njh;it bghUj;jtiu jkpH;tHp fy;tp vd;gJ gl;lg;gog;gpid kl;Lk; jkpH; tHpapy; goj;jpUe;jhy; nghJkhdjh > my;yJ SSLC, HSC mstpyhd gs;spf; fy;tpa[k; jkpH; tHpapnyna goj;jpUf;f ntz;Lkh > 2/12?08?2016 md;W ,Wjp Kot[fs; btspaplg;gl;l 79 gzpapl';fs; bfhz;l 2012?14k; Mz;ow;fhd FU:g;?1 njh;t[f;fhd gzp xJf;fPl;oy; jkpH;tHpf; fy;tp gapd;nwhUf;fhd ,l xJf;fPL bgw;wth;fs; vj;jid ngh; > 3/FU:g;?1. 2. 2A njh;t[fis bghWj;jtiu mog;gil gs;spf;fy;tpahd 1?k; tFg;g[ Kjy; 12?k; tFg;g[ tiu M';fpytHpapy; goj;jpUe;J gl;lg;gog;gpid kl;Lk; jkpH; tHpapy; goj;jpUe;jhy; mj;jifa njh;th;fs; jkpH;tHpapy; goj;jth;fSf;fhd 20% xJf;fPl;oid nfhu Koa[kh > Page 3 https://www.mhc.tn.gov.in/judis W.A.No.2669 of 2022 4/fle;j 13?07?2016?k; njjpapy; Kjd;ikj; njh;t[f;fhd Kot[fs; btspaplg;gl;L 12?08?2016 md;W ,Wjp Kot[fs; btspaplg;gl;l 2012?14 Mk; Mz;ow;fhd FU:g;?1 njh;tpd; neh;Kfj;njh;t[f;F miHf;fg;gl;lth;fSs; jkpH; tHpapy; gapd;nwhUf;fhd ,lxJf;fPl;Lf;Fs; te;jth;fs; vj;jid ngh;> mth;fSs; Kjd;ikj; njh;it jkpH; tHpapnyna vGjpath;fs; vj;jid ngh;> mth;fspd; bgah; kw;Wk; gjpt[ vz; tptu';fis tH';ft[k;/ 5/2012?14 Mz;ow;fhd FU:g;?1 njh;t[f;fhd gzp xJf;fPl;oy; jkpH;tHpf; fy;tp gapd;nwhUf;fhd ,lxJf;fPL K:yk; gzptha;g;ig bgw;wth;fspy; 1 Kjy; 10?k; tFg;g[tiunah my;yJ 12?k; tFg;g[ tiunah M';fpytHpapy; goj;Jtpl;L gl;lg;gog;g[ kl;Lk; jkpH;tHpapy; goj;jth;fs; vj;jid ngh; > mth;fspd; bgah; kw;Wk; gjpt[ vz; tptu';fis tH';ft[k;/ 6/fle;j 19?08?2016 md;W eilbgw;w FU:g;?1 fye;jha;tpy; jkpH;tHpf; fy;tp gapd;nwhh; vd;w mog;gilapy; gzptha;g;ig bgw;wth;fspd; bgah; kw;Wk; Kfthp. mth;fs; jkpH;ehL muRg;gzpahsh; njh;thizaj;jpw;F rkh;g;gpj;j fy;tp rhd;wpjH;fspd; efy;fis tH';ft[k;/” 4.In the counter affidavit, though it is admitted that the appellant is Page 4 https://www.mhc.tn.gov.in/judis W.A.No.2669 of 2022 eligible to be considered under PSTM Quota in 4 Categories, the marks secured by petitioner being 445, it is contended that she was within the zone of consideration. It is pointed out that the marks secured by the last selected candidate was also above 500. 5.Though the application under RTI Act was submitted on 12.09.2016, even before any information being furnished, the appellant filed the writ petition for issuing a Writ of Mandamus to include the petitioner's name in the selected list. The learned Single Judge, after holding that the appellant was not within the zone of consideration, dismissed the writ petition, giving liberty to the appellant to challenge the selection of ineligible candidates. 6.This Court is unable to entertain the Writ Appeal for obvious reasons. First of all, the appellant did not challenge the selection process and she came to the Court only with an assertion that she is also eligible to be considered on par with others. The appellant, of course, averred that some ineligible persons under PSTM Quota have been selected. However, Page 5 https://www.mhc.tn.gov.in/judis W.A.No.2669 of 2022 the prayer in the writ petition is confined only to a Writ of Mandamus to include the writ petitioner's name in the selection list dated 23.08.2016. The candidates who were selected are not made as parties. This Court, having regard to the prayer in the writ petition, is unable to find any error or irregularity in the order in the writ petition. Even on merits, the marks obtained by the selected candidates are far above the marks and it is doubtful whether the appellant's score will bring her within the zone of consideration if one or two ineligible candidates were given appointment. Since liberty is given to the appellant to redress any grievance, this Court finds no merit in the Appeal. 7.Accordingly, this Writ Appeal is dismissed. No costs. (S.S.S.R., J.) (C.S.N., J.) 24.03.2025 mkn Internet : Yes Index : Yes Neutral Citation : Yes Page 6 https://www.mhc.tn.gov.in/judis W.A.No.2669 of 2022 To The Secretary, Tamil Nadu Public Service Commission, Frazer Bridge Road, Chennai – 600 003. S.S. SUNDAR , J. and C. SARAVANAN, J. Page 7 https://www.mhc.tn.gov.in/judis W.A.No.2669 of 2022 mkn W.A.No.2669 of 2022 24.03.2025 Page 8 https://www.mhc.tn.gov.in/judis