1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:18.02.2011 CORAM THE HONOURABLE MR.JUSTICE V.DHANAPALAN Writ Petition(MD)No.1450 of 2011 & MP(MD)No.1 of 2011 M.Kalpana :Petitioner -Vs- 1.The Secretary, Tamil Nadu Public Service Commission, Chennai. 2.The Controller of Examinations, Tamil Nadu Public Service Commission, Chennai. :Respondents Prayer:-Writ petition is filed under Article 226 of the Constitution of India to issue a writ of Mandamus directing the respondents to consider the representation of the petitioner dated 02.02.2011 and permit the petitioner to take part in the written examination for Village Administrative Officers to be conducted by the respondents on 20.02.2011. For Petitioner : Mrs.M.Kalpana, Party-in-person For Respondents: Mr.S.P.Maharajan ORDER By consent, the writ petition itself is taken up for disposal. 2.Heard Mrs.M.Kalpana, the petitioner in person, and Mr.S.P.Maharajan, learned counsel for the respondents. 3.This petition has been filed for a direction directing the respondents to consider the representation of the petitioner, dated 02.02.2011 and permit her to take part in the written examination for Village Administrative Officers to be conducted by the respondents on 20.02.2011. 4.According to the petitioner, there was an advertisement in advertisement No.256 issued by the first respondent inviting application for the post of Village Administrative Officer and she got the application form from the Head Post Office, Dindigul on payment of Rs.87/-. She claims that she belongs to Hindu Kongu Vellalar Gounder community, which is a backward class community and applied for the community certificate to the revenue authority namely Head Quarters Deputy Thasildar, Dindigul and she has got the community certificate only on 24.12.2010. Since 25.12.2010 and 26.12.2010 were Public holidays on account of Christmas and Sunday and in the information brochure of the respondent also indicates that the candidates can also utilise the speed post services wherever available, she has submitted her application form through speed post on 27.12.2010. While doing so, she was informed by the post office officials that the said speed post would definitely reach the respondent office on 28.12.2010. According to her, her application bearing No.A1256203 was sent by speed post through the Post Office, Dindigul vide receipt No.ET703648500N addressed to the second respondent namely, the Controller of Examination, TNPSC, Chennai on 27.12.2010. However, she had received a communication from the first respondent vide Memo No.6233/VAO-MCD/2010, dated 27.01.2011 informing that her application was received after the last date i.e. 28.12.2010. According https://hcservices.ecourts.gov.in/hcservices/ 2 to her, her date of birth is 25.05.1971 and this is her last chance for appearing any examination for the post coming under the purview of the Tamil Nadu Public Service Commission (hereinafter referred as TNPSC) and she made a representation, dated 02.02.2011 to the first respondent setting forth her grievances and also prayed for permission to take part in the written examination to be held on 20.02.2011 on the ground that denying her right to participate in the written examination is an infringement of the Articles 14 and 16 of the Constitution of India and hence, this petition. 5.The petitioner besides what are all pleaded in the affidavit has produced the information of the speed post movement signed by the Superintendent of Post Office, Dindigul, wherein it is stated that the said speed post was sent from Madurai to Chennai through TVP Kanyakumari Express on 28.12.2010 and the said post was delivered to the respondent office on 29.12.2010. She claimed that she had the information at the time of despatch of her application from the post office that the said speed post in a normal course would reach the respondent office on 28.12.2010 i.e. before the cut off date. However, because of the delay in the postal department, it has reached only on 29.12.2010 i.e. after the cut off date. It is not on her fault and it is the fault of the postal department in delivering the speed post beyond the expected time. She also placed her submissions that in view of her date of birth, it is her last chance for appearing any examination for the post coming under the purview of the TNPSC and she is not at fault in making the application as there was a delay in getting a community certificate from the revenue authorities and therefore, she could not make the application before 27.12.2010 In such circumstances, she pleaded that the respondents has to sympathetically consider her request to permit her to write the examination to be held on 20.02.2011. 6.The learned counsel for the respondents on instructions submits that there are several lakhs of applications received and the arrangements for the examination are also made and anything at this fag end of the examination will cause huge problem and lot of difficulties, since the examinations are already scheduled. He would further submit that the recruitment has to be held according to the time schedule as there was a notification well before the cut off date and the petitioner has not cautious about her approach in making the application in time. However, the learned counsel for the respondents has not opposed in directing the respondents to consider the petitioner's representation, however, time factor is serious for them to take into account. 7.In the light of the above stated position, as the petitioner with a great hope and difficulties having applied for the post of Village Administrative Officer as a last chance due to her age limit for applying for TNPSC examinations, knocked the doors of justice with folded hands with a prayer that the authorities may be directed to look into the matter in a sympathetic manner, which would not cause any inconvenience to the Commission and her application was sent by her before the Cut off date namely 27.12.2010 by a speed post with the information from the post office concerned that it would reach on the next day i.e. before the cut off date namely 28.12.2010. The reason for the delay is explained by the petitioner by producing a copy of the delivery particulars before this Court. The https://hcservices.ecourts.gov.in/hcservices/ 3 delivery particulars issued by the Superintendent of post office, Dindigul reveals that a speed post has been routed by a train namely TVP Kanyakumari Express scheduled to be departured on 28.12.2010. Therefore, it is her claim that she is not at all in fault in making her application with any delay. In such a circumstance, it is the obligation on the part of the respondent commission to look into the grievance of the petitioner in a sympathetic manner, taking into account her age limit and the delay caused by the postal department as a factor, by considering her representation and pass appropriate orders taking into account the commencement of the examination to be held on 20.02.2011. Considering the above circumstances, as the petitioner has come out with a limited relief for a direction to permit her to write the examination, it is obligatory on the part of the respondents to consider the same before the commencement of the examination. 8.For the foregoing reasons, this writ petition is disposed of with a direction to the first respondent to consider the representation of the petitioner, dated 02.02.2011 taking into account the above factors and pass appropriate orders in respect of her claim for participation in the written examination for the post of Village Administrative Officer to be conducted on 20.02.2011 forthwith. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Deputy Registrar (LA) / TRUE COPY / Assistant Registrar To: 1.The Secretary, Tamil Nadu Public Service Commission, Chennai. 2.The Controller of Examinations, Tamil Nadu Public Service Commission, Chennai. +1CC to Mr.A.Hariharan, Advocate. SR.No.9162. Jikr RP/18.02.2011/3P/4C. Order made in Writ Petition (MD).No.1450 of 2011 & M.P.(MD).No.1 of 2011 18.02.2011 https://hcservices.ecourts.gov.in/hcservices/