Madras High Court
WP/32546/2024 of S.SALIHU ALAM Vs THE COMMISSIONER on 15 September 2026
WP No. 32546 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15-09-2026
CORAM
THE HON'BLE MR.JUSTICE C.KUMARAPPAN
WP No. 32546 of 2024
{HCMA012023372024}
S.Salihu Alam
..Petitioner(s)
Vs
1. The Commissioner
Commercial Taxes Department,
Ezhilagam, Chepauk, Chennai 600 005
2. The Secretary
Tamil Nadu Public Service Commission,
Chennai 600 003
3. Selvi S.Swapna
..Respondent(s)
Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue writ of mandamus, directing the respondents 1 and 2 to select and appoint the Petitioner to the post of Assistant Commissioner (Commercial Taxes) under BCMG/PSTM reserved category consequent to TNPSC notification No. 01 of 2019 dated 01.01.2019 by cancelling the selection and appointment of 3rd respondent as Assistant Commissioner (Commercial Taxes) in verification of genuineness of B.A(Tamil) Degree certificate of the 3rd respondent in consideration of representation submitted by the Petitioner dated 30.01.2020, within a time frame to be fixed by this Hon'ble Court For Petitioner(s):
Mr.S.Nedunchezhiyan
For Respondent(s):
Mr.S.Ilamvaludhi for R1
Spl. Govt Pleader
Mr.I.Abrar Muhammed Abdulla for R2
Standing Counsel
M/s. K.V. Sajeev Kumar for R3
WP No. 32546 of 2024
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ORDER
The learned counsel for the petitioner submitted that the petitioner and the 3rd respondent were participated in the selection process for appointment to the post of Assistant Commissioner (Commercial Taxes) as per the Notification No. 01/ 2019 dated 01.01.2019 issued by the second respondent. It is the further submission of the learned counsel for the petitioner that 3rd respondent's appointment was subsequently cancelled and the petitioner, being the wait listed candidate, has sent a representation on 30.01.2020 to appoint him in the place of existing vacancy on account of termination of third respondent from service.
2. Though the learned Standing Counsel for the 2nd respondent would object this application by referring Section 3(u) of the Tamil Nadu Government Servants (Conditions of Service) Act, 2016, in all fairness submitted that if reasonable time is granted, the petitioner's representation will be considered according to its own merits and in accordance with law.
3. In view of the above said submission made by the learned Standing Counsel for the second respondent, the present writ petition is disposed of by directing the second respondent to consider the petitioner's representation dated 30.01.2020 according to its’ own merits and in accordance with law and pass appropriate orders within a period of four weeks from the date of receipt of a copy of this order.
WP No. 32546 of 2024
4. With this direction, the writ petition is disposed of. No costs. 15-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No NR To
1. The Commissioner Commercial Taxes Department, Ezhilagam, Chepauk, Chennai 600 005
2. The Secretary Tamil Nadu Public Service Commission, Chennai 600 003
WP No. 32546 of 2024
C.KUMARAPPAN, J. NR WP No. 32546 of 2024 15-09-2026