Tamil Nadu Public Service Commission vs S.Anitha on 19 October, 2023
Thus, the rejection
of the applications of the first respondents / candidates in the present case
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W.A.(MD) Nos.1950, 1951 & 1952 of 2021
has resulted in an inequality and therefore, equal opportunity in public
employment has been denied to those candidates. Mere information given by
the candidates about the medium of instruction would not disentitle them
from availing the benefit under the General Quota or the Reserved Category /
Quota in the process of selection. Equal opportunity in public employment
being a constitutional mandate, the rejection of applications in the present
case has resulted in an unconstitutionality and infringed the rights of the first
respondents / candidates. The learned Single Judge in the impugned order
has relied on the findings of this Court made in W.P.No.5812 of 2020, dated
07.07.2021, [M.Nisha vs. The Secretary], wherein the facts are falling on the
same line and akin to that of the Division Bench Judgment of this Court in the
case of Silambarasan referred supra.