Libertatem Magazine

Madras High Court: Rejects Petition for Participation After Wronf Administration of the Application

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The petition, filed under Article 226 in Madras High Court. The prayer was for the issuance of Writ of Certiorarified Mandamus for calling of impugned order against petitioner for allowing the application to allow participation in all selection processes of Civil Judge in TNSJS. Justice Mr. Senthilkumar Ramamoorthy, heard and allowed the matter petition in the case of C. Gopala Krishnan v. TNPSC and Ors.  

Facts of the case

Petitioner wrote his law exams in Tamil and hence mentioned the instruction medium as Tamil, on further enquiry it was found that the college does not offer any sanctioned law course in Tamil, only medium present being English. Hence the petitioner was not allowed to be eligible for further selection process of Civil Judge.

Arguments of the Parties

Petitioner contended that the application even though stated the medium was Tamil which is contradicting the information given by the Coimbatore Law College, that was only done under the Clause 16-B of GO of Personnel and Administrative Reforms (S) Department, dated 30.04.2014.

The 20% reservation allotment allowed persons who studied in Tamil Medium to write exams in Tamil on the condition that Applicants claiming this reservation must have studied the preferential qualifying course for the post in Tamil Medium and should have the certificate for the same.

The petitioner also contended that he never intended to take benefit of PTSM category and hence marked “NO” on the form asking such. But when the copy of the application form was downloaded, the said query and answer was absent.

Respondent contends that no such field exists on the form and is a false allegation without any proofs. Adding to that the petitioner also signed a declaration that he has prescribed education in Tamil medium and is aware of summarily rejection of certificate of no evidence was produced.   

Observation of Court

Court observed that there is no factual or legal error in the rejection of application and barring of petitioner from participating in further selection process of Civil Judge. Hence the Court passed the judgment in favour of respondents by disposing off the petition.


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