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TamilNadu Typewritting -Shorthand- Computer Institutes Sangm, represented by its President, Soma. Sankar, Virudhunagar v/s The Principal Secretary to Government of Tamilnadu, Chennai & Others

    W.P. (MD)No. 4417 of 2022
    Decided On, 11 March 2022
    At, Before the Madurai Bench of Madras High Court
    By, THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE
    For the Petitioner: V.R. Shanmuganathan, Advocate. For the Respondents: N.GA. Nataraj, Government Advocate, for Intervenor, R. Anand, Advocate.


Judgment Text
(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondents to conduct the exams for the common Center - Type Writing Examinations (Junior Grade and Senior Grade) for the year Feb/Mar 2022, scheduled to be held on 26.03.2022 and 27.03.2022 in old pattern, ie., First Paper I (Speed) and Second Paper II (Statement and Letters) instead of First Paper I (Statement and Letter) and Second Paper II (Speed) by considering the petitioner's representation dated 23.02.2022, within a time limit that may be fixed by this Court,)

1. This Writ Petition has been filed for a Mandamus seeking for a direction to the respondents to conduct the examinations for the common Center - Type Writing Examinations (Junior Grade and Senior Grade) for the year Feb/Mar 2022, scheduled to be held on 26.03.2022 and 27.03.2022 in old pattern, ie., First Paper I (Speed) and Second Paper II (Statement and Letters) instead of First Paper I (Statement and Letter) and Second Paper II (Speed) by considering the petitioner's representation dated 23.02.2022, within a time frame to be fixed by this Court.

2. The case of the petitioner is that the petitioner is a registered association formed for the benefit of shorthand writers. According to the petitioner, earlier, the examinations for the common Center - Type Writing Examinations (Junior Grade and Senior Grade) were held in the following manner:

“First Paper I (Speed) and Second Paper II (Statement and Letters)”

3. But, according to the petitioner, all of a sudden, a new pattern has been introduced, which is as follows:

“First Paper I (Statement and Letter) and Second Paper II (Speed)”

4. According to the petitioner association, its members as well as the general public will be affected by introduction of the new pattern. In such circumstances, the petitioner association has submitted a representation on 23.02.2022 requesting the respondents to conduct the examinations as per the old pattern referred to supra. The petitioner has also stated that the examination for the ensuing year is scheduled on 26.03.2022 and 27.03.2022. Since the said representation has not been considered till date, the petitioner has filed this Writ Petition.

5. Heard Mr.VR.Shanmuganathan, learned Counsel for the petitioner, Mr.N.GA.Nataraj, learned Government Advocate, who takes notice on behalf of the respondents and Mr.R.Anand, learned Counsel appearing on behalf of the intervenor/Federation of Tamil Nadu Typewriting Institute.

6. Mr.R.Anand, learned Counsel appearing for the intervenor submits that they are opposing the plea taken by the petitioner, as according to them, the new pattern is beneficial instead of old pattern. He also submits that the aforementioned association may also be heard as and when the petitioner's representation is considered on merits and in accordance with law. The said statement is recorded.

7. No prejudice will be caused to the respondents, if the petitioner's representation is considered on merits and in accordance with law after affording a fair hearing to the petitioner as well as the representatives of Federation of Tamil Nadu Typewriting Institute and any other necessary party whom the third respondent deems fit to enquire. The examination is scheduled on 26.03.2022 and 27.03.2022.

8. Accordingly, this Courts directs the third respondent to consider the petitioner's representation, dated 23.02.2022 requesting the respondents to conduct the examinations for the common Center - Type Writing Examinations (Junior Grade and Senior Grade) for the year Feb/Mar 2022, scheduled to be held on 26.03.2022 and 27.03.2022 in old pattern, ie., First Paper I (Speed) and Second Paper II (Statement and Letters) instead

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of First Paper I (Statement and Letter) and Second Paper II (Speed) and pass final orders on merits and in accordance with law after affording a fair hearing to the petitioner and the representatives of Federation of Tamil Nadu Typewriting Institute, and any other party, whom the third respondent deems fit to enquire on or before 25.03.2022. 9. With the above observation, this Writ Petition is disposed of. No costs.
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