Widow allowed to take APP exam as BC candidate

The Madras High Court has come to the rescue of a woman whose application for the post of Assistant Public Prosecutor (APP) Grade II was rejected through Short Messaging Service (SMS) as she had uploaded widow certificate instead of destitute widow as claimed despite there being no reservation for the same.

By :  migrator
Update: 2019-05-17 23:44 GMT

Chennai

Justice S Vaidyanathan on observing that it is not in dispute that the petitioner is a widow and the notification clearly shows that the reservation in appointment to destitute widows and ex-servicemen would not apply to this recruitment, said “Tamil Nadu Public Service Commission (TNPSC) cannot have any objection in allowing the petitioner to participate in the examination under ‘BC women’ category and hence is directed to permit her to take up the mainexamination.”


Also, noting that before issuing the hall ticket for the examination, necessary fees has to be collected from her, the judge made it clear that the petitioner’s candidature will have to considered only if she had scored the cut off mark applicable for ‘BC women’ category.


As per the case, the petitioner N Devi had applied online for the post of APP. On clearing the preliminary examination, she was waiting to take the main examination. But to the shock and surprise, TNPSC sent her an SMS rejecting her application on the ground that she enclosed only the widow certificate and not the destitute widow certificate.


She further submitted since the reservation in appointment does not apply to destitute widow and ex-servicemen, the order of rejection needs interference by this court and that she may be permitted to take up the main examination. She also submitted that she has no objection in her candidature being considered against ‘BC Women’ category instead of widow quota.


The government pleader submitted that though the petitioner has cleared the preliminary examination she has not paid the necessary fee to take up the main examination. Hence, her submission that she must be considered under the ‘BC women’ category cannot be accepted, and the rejection order sent through SMS is perfectly valid.

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