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R.SULEKHA PRIYADARSINY versus THE TAMIL NADU PUBLIC SERVICE COMMISSION

High Court of Madras

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R.Sulekha Priyadarsiny v. The Tamil Nadu Public Service Commission - W.P.(MD)No.1476 of 2007 [2007] RD-TN 2273 (11 July 2007)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 11/07/2007

CORAM:

THE HONOURABLE MR.JUSTICE K.CHANDRU

W.P.(MD)No.1476 of 2007

and

M.P(MD)No.1 of 2007

R.Sulekha Priyadarsiny .. Petitioner

Vs.

The Tamil Nadu Public Service Commission,

rep.by the Under Secretary,

Office of the Tamil Nadu Public

Service Commission,

Chennai - 600 002. ... Respondent PRAYER

Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus, to call for the records, relating to the order of the respondent Memorandum 616/CESE/APD- C2/2006, dated 12.02.2007 which was communicated to the petitioner on 17.02.2007 and quash the same and direct the respondent to treat the petitioner's application as in order for direct recruitment to the posts under combined Engineering Service Examination 2006.

For Petitioner ... Mr.V.Sitharanjandas For Respondent ... Mrs.V.Chellammal, Special Government Pleader. :ORDER



The petitioner is an applicant for the post in the Combined Engineering Service Examination-2006. Her application was rejected by the Tamil Nadu Public Service Commission the respondent herein on the ground that the application dated 25.12.2006 was incomplete. The candidate had not signed in the Application/Declaration form. The order of rejection containing the memo of the Tamil Nadu Public Service Commission, dated 12.02.2007 is under challenge in the writ petition.

2.The learned counsel for the petitioner states that his client was confused as to how the said application form to be filled. Therefore, she did not put her signature in the declaration which is the last requirement in any application. It is a very significant column that has to be filled up by all candidates. The non filling of that column cannot make the application complete. The Tamil Nadu Public Service Commission cannot be found fault with, if it rejects at the threshold a defective application submitted by a candidate. The explanation is given that the column given as a box item adjacent to the declaration states that it is for office use only and therefore, there was a confusion. The averment is only stated to be rejected. Even a bare look at the application form will show that the words found as "office use only" are given in a separate box and the declaration is given in another box. The contents of the declaration is given both in Tamil and English will show that any person who is familiar with either of the language will understand that he or she had to sign that declaration mandatorily. Further at the bottom of the declaration, the candidate's signature is required. Therefore, the petitioner cannot feign any ignorance about non filling of the said column. Infact that is a crucial part in any application form.

3.An identical question came up for consideration before a Division Bench of this Court in Dr.M.Vennila Vs.Tamil Nadu Public Service Commission reported in 2006 (3) CTC 449. The said judgment also came to be followed by a subsequent Division Bench (to which I am a party) in Dr.A.Rajapandian Vs.State of Tamil Nadu reported in 2006 (5) CTC 529. In Paragraphs 11 and 12 of the second judgment, the Division Bench had observed as follows: "11.In Dr.M.Vennila's case, the Division Bench has held as follows: "In addition to the same, all the candidates were supplied specimen application form duly filled up. A perusal of the filled in specimen form makes it clear that where and in how many places the applicant has to sign. Apart from this, we also verified all the columns in the application form. We are satisfied that the language used and the columns given in the application form are very clear and there is no ambiguity in the columns of application regarding the places where the applicant has to subscribe his/her signature." "As rightly pointed out by the learned Advocate General, the insistence upon signature under each and every page has its own significance. Signature connotes the authenticity of the person who certifies as well as the accuracy and correctness of the particulars provided and furnished by him. In such circumstances, we are of the view that non-signing by the applicants at page 2 of the application form has rendered the particulars furnished by them unauthenticated and the application could not be considered as a valid application. The respondent is fully justified in arriving at a conclusion that the particulars furnished by the petitioners without signature are construed as being not authenticated."

"As rightly pointed out, the filled in application must be in order and intact in all aspects and before filling up the application form, the applicants are supposed to go through the notification, instructions, etc., to candidates, information brochure and OMR application form property in order to ensure that the particulars and information which are required to be furnished are duly furnished and to see that the documents are enclosed along with the application form as per requirements."

12.We have gone through the said judgment and we think there is no scope for the petitioners in this batch to convince us to take a different view."

4.In the light of the binding precedents of the two Division Bench judgments, the writ petition is misconceived. Hence, the same is dismissed. No costs. Consequently, M.P.(MD)No.1 of 2007 is also dismissed. sms

To

The Tamil Nadu Public Service Commission,

rep.by the Under Secretary,

Office of the Tamil Nadu Public

Service Commission,

Chennai - 600 002.




Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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