The Madras High Court today slammed
the Tamil Nadu Public Service Commission for poor drafting of recruitment notification.
Allowing two petitions, Justice K K Sasidharan said:"TNPSC alone contributed for the birth of this unwanted litigation. The Commission is an expert body. It should use apt words while drafting notifications. In case proper words are used, and little care is taken, it would be possible to avoid litigations like this."
"The High Court would also be relieved from litigations involving the Commission, in case notifications are drafted in a perfect manner and without ambiguity."
The matter relates to two petitioners who had driving licenses to drive heavy transport vehicles but failed to renew the licenses and were not in possession of valid driving licenses as on June 25, 2012, prescribed date for possession of essential educational qualification and experience for appointment to the post of Motor Vehicle Inspector Grade II.
However, they got it renewed and submitted application well before the last date.
TNPSC rejected their applications on the ground that they were not in possession of a valid driving license for driving transport vehicle as on the cut off date. Hence the petitioners N Santhi and S K Manibharathi filed the petitions.
The court said since there was no requirement that the candidate must hold a valid driving license as on June 25, 2012, the petitioners were justified in renewing the license well before the cut off date prescribed for making applications.
In short, while making applications before the cut off date, they were in possession of valid driving licenses to drive heavy goods vehicle, the judge said.
Finding fault with the notification issued by TNPSC, the judge observed that "the notification mandates that the candidate should hold a driving license authorising him to drive motor cycle, heavy goods vehicles and heavy passenger motor vehicles. There is no requirement that the candidate must hold a "valid driving license".
"The word 'valid' is missing. It was only in the impugned order passed in a writ petition, TNPSC has stated that the application was rejected on the ground that the petitioner was not having a valid driving license. It was not the case of TNPSC in its notification that the candidate must hold a valid driving license.
