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TNPSC 2016: Madras High Court Service, Rules of Procedure

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  • 24 pages
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TAMIL NADU PUBLIC SERVICE COMMISSION




         RULES OF PROCEDURE




             (Updated upto 10.12.2024)
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INTRODUCTION


      The Rules of Procedure governing certain procedures based on the
Madras Service Commission Act, 1929, were published in Part – I of the
Fort St. George Gazette, dated 06.05.1930.


      Thereafter, the Rules of Procedure of the Commission were duly
amplified and issued in the year 1937.


      Post-Independence, amendments to the Rules of Procedure of the
Commission were issued in G.O. No.4576, Public (Services) dated
26.12.1950. In the year 1951, the Commission examined the validity of
the said Rules under the Constitution of India. Later, in the year 1955,
the Governor of Madras in supersession of all the earlier rules,
issued fresh Rules of Procedure. These Rules came into force with effect
from 1st January 1955.


      Then in 1961, the Commission framed and issued their own Rules of
Procedure in supersession of the earlier ones, and sent it to the
Government for information and for printing the same in the Madras
Service Manual Volume-I.


      The Commission’s Rules of Procedure were subsequently updated
and reissued w.e.f. 14.05.1996 and sent to the Government for
information and for incorporating it in the Tamil Nadu Service Manual
Volume-I. Based on the Government’s request in their letter dated
25.09.1997, the reissued Rules of Procedure were printed and supplied to
the Government Departments and Head of Departments by Tamil Nadu
Public Service Commission. In order to ensure that the Rules of Procedure
were kept updated, the said rules were reissued by the Tamil Nadu Public
Service Commission w.e.f. 08.06.2017.


      Now the Commission’s Rules of Procedure have been revised and
reissued w.e.f. 15.07.2020.



                                     K. NANTHAKUMAR, I.A.S.
                                            Secretary
                              Tamil Nadu Public Service Commission
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Table of Contents



Rule              Subject                                        Page
No.                                                              Nos.


1.     Short Title and Commencement                                1
2.     Definitions                                                 1
3.     Allocation of works                                         2
4.     Matters to be decided by the Commission                   2-3
5.     Matters to be decided by the Chairman                     3-4
6.     Matters to be decided by the Committees / Designated        4
       Members
7.     Recruitment                                               4-8
8.     Deletion of names of candidates from the approved list    8-9
9.     Publication in the Tamil Nadu Public Service Commission   9-10
       Bulletin
10.    Recruitment by Transfer                                    10
11.    Matters relating to recruitments to be made otherwise      11
       than under Rules 7 or 10
12.    Departmental Examinations                                  12
13.    Meeting of the Commission                                 12-13
14.    Communication of Commission’s Decisions                    14
15.    Disciplinary and Other Matters                             14
16.    Responsibility for strict compliance with Rules            14
17.    Duties of the Secretary                                    14
18.    Observance of Rules                                        15
19.    Calling for of records from the Government /               15
       Government Departments
20.    Presentation of Annual Report                              15
21.    Matters not regulated                                      15
22.    Special Procedures                                         15
23.    Right to Interpretation                                    16
24.    Repeal and Savings                                         16


       Subsidiary Rules of Procedure                              17
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TAMIL NADU PUBLIC SERVICE COMMISSION

                             Rules of Procedure


In exercise of the functions stipulated in Article 320 of the Constitution of
India, the Tamil Nadu Public Service Commission hereby makes and
adopts in supersession of all existing rules, the following rules to regulate
the internal procedure of work in the Commission’s office.



1. Short Title and Commencement:

  A.    These rules shall be called the Tamil Nadu Public Service
        Commission Rules of Procedure.
  B.    These rules shall come into force on 15.07.2020.



2. Definitions:

       In these rules, unless there is anything repugnant in the subject
  and context:

  A.    “Constitution” means the Constitution of India;

  B.    “Government” means the Government of Tamil Nadu;

  C.    “Governor” means the Governor of Tamil Nadu;

  D.    “Commission”     means     the   Tamil    Nadu     Public   Service
        Commission;

  E.    “Chairman” means the Chairman of the Tamil Nadu Public
        Service Commission; and includes a person appointed by the
        Governor by virtue of clause 1 (A) of Article 316
        of the Constitution for discharging the functions of Chairman;

  F.    “Member” means a Member of the Tamil Nadu Public Service
        Commission and includes the Chairman or Acting Chairman
        thereof;

  G.    “Secretary” means the Secretary to the Tamil Nadu Public Service
        Commission;

  H.    “Controller of Examinations” means the Controller of Examinations
        to the Tamil Nadu Public Service Commission.

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3. Matters placed before the Commission:


        The matters placed before the Commission shall be dealt with,
either by the Commission or by the Chairman or by a Committee of one or
more Members formed by the Commission as provided for in these rules.

        All matters placed before the Commission or the Chairman or
Committees formed by the Commission, shall be so placed by the
Secretary in respect of the subjects under his purview and the Controller
of Examinations, in respect of the subjects under his purview.



4. Matters to be decided by the Commission:


  A.      The following matters shall be decided by the Commission:


  (i)     Any case in which a decision is required to be taken regarding the
          formulation of a new policy of the Commission in respect of any
          matter coming before them or the variation from, modification or
          revision of such policy earlier decided upon;

  (ii)    Any case in which a decision is required to be taken on the
          general principles to be adopted in the matter of appointment by
          direct recruitment, recruitment by transfer, promotion or transfer,
          including laying down qualifications required to be fulfilled by
          candidates for such appointment;

  (iii)   Any case in which a decision is required to be taken regarding the
          framing of schemes for holding competitive examinations for
          recruitment to posts or departmental examinations or their
          modification;

  (iv)    Any case in which a decision is required to be taken on framing of
          rules or regulations connected with the Commission or their
          powers or the conduct of their business;

  (v)     Any matter which the Chairman or any Member, desires to place
          before the Commission for their decision or formulating the views
          of the Commission on any issue;

  (vi)    Notification of vacancies for appointment by direct recruitment;

  (vii) Dates and venue of the written examinations to be conducted by
        the Commission;
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(viii) Dates for oral tests and counselling;


  (ix)   Approval of results of recruitments, departmental examinations
         and half-yearly examinations and language tests;


  (x)    Debarment or other punitive action against any applicant for a
         post advertised by the Commission or a candidate appearing at a
         competitive examination conducted by the Commission;


  (xi)   Deletion of names of candidates recommended for appointment to
         any post, on account of violation of rules / Commission’s
         instructions;


  (xii) All matters relating to litigation in courts in which the Commission
        is a party;


  (xiii) The Annual Report of the Commission.


  B.     All matters placed before the Commission shall be decided either
         by circulation or in a meeting of the Commission. However, if any
         Member desires that a particular matter which is being decided by
         circulation, should be decided in a meeting of the Commission
         then that matter shall be decided in a meeting of the Commission.



5. Matters to be decided by the Chairman:

         The following matters shall be decided by the Chairman:

  A.     All matters pertaining to the administration of the Commission’s
         office, except those which are within the competence of the
         Secretary, the matters decided by the Secretary being submitted
         to the Chairman for information or approval as appropriate;

  B.     Experts/Departmental Representatives to be invited to assist the
         Commission at the time of oral test;

  C.     Selection of examiners for confidential work;

  D.     Matters relating to conferences of Chairmen of Union
         / State Public Service Commissions and correspondence with
         Union Public Service Commission / State Public Service
         Commissions;

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E.     Nomination of the Chairman of the Departmental Promotion
        Committee and Initiating Member for the disciplinary cases;

  F.    Matters not specifically allotted to a Committee or a Member.


6. Matters to be decided by the Committees/Designated Members:


         The Commission may, subject to such direction as they may think
fit, delegate to an individual Member or to a Committee consisting of one
or more members including the Chairman, any of their functions under the
Constitution including the constitution of Selection Boards or assign to
each committee, specific items of work. Committees so constituted shall
remain in operation till reconstituted by the Commission.

        The Commission may also refer any matter to an individual
Member or to a Committee, consisting of Members and such other
persons, if any, as the Commission may appoint, for consideration of the
said matter and reporting on it to the Commission.


  A.    The Committee shall, if it consists of more than one Member,
        decide the work assigned to such committee by the Commission,
        generally by circulation of the relevant papers among the
        Members of the Committee.

  B.    The Chairman may depute any Member to perform any particular
        work of the Commission and may direct that while engaged in
        such work, the Member need not deal with the ordinary work of
        the Commission and that files and cases need not be circulated to
        him for his opinion.

  C.    The Chairman, or in his absence, any other Member designated by
        him, on his behalf, may deal with any urgent matter appearing to
        him to require immediate action. Such action shall be reported to
        the Commission as early as possible.



7. Recruitment:

         The Commission on receipt of a requisition from the appointing
authority / Head of Department / Government in respect of posts
to be filled up, shall adopt the following procedure for direct recruitment,
viz., by holding written examination or written examination-cum-oral test,
as the case may be.


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Where any competitive examination is to be conducted by the
Commission for the purpose of direct recruitment to posts included in the
State or Subordinate Services, the Commission shall undertake the
following:


A. Advertisement:

         Announce through the Commission’s website and through
advertisement in any one or two of the dailies in Tamil and any one
of the dailies in English, with wide circulation, and also through the
Tamil Nadu Public Service Commission Bulletin, besides other mass
media depending on the nature and number of posts, as the Commission
may decide on each occasion:

  (i)     the qualifications and experience required for the post as per the
          rules in force;

  (ii)    the conditions of admission to the examination;

  (iii)   the standard of examination;

  (iv)    the number of vacancies to be filled under the General Turn and
          other reservation groups, where applicable;

  (v)     the subjects, scheme of the examination (preliminary and/or
          main written examination and/or oral test) and the syllabus
          prescribed therefor;

  (vi)    the pay matrix applicable to the post; and

  (vii) the last date for submission of application along with the
        prescribed fee.

Provided that where the exact number of vacancies to be filled is not
ascertainable, the Commission shall announce the approximate number of
vacancies to be filled.


B. Arrangements:

         The Commission shall make the following arrangements in respect
of selections by direct recruitment:

  (i)     secure suitable accommodation in the educational institutions
          through the Revenue/Education Departments;

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(ii)    draft personnel from the departments of the Government
          or private educational institutions for appointment             as
          Chief Invigilator and Invigilator and issue orders to them; and

  (iii)   depute officers for inspection duty at the centres.



C. Competitive Examination:

         The intent of the Commission shall be the identification of the best
available candidates through a competitive examination conducted as per
rules, in a time-bound manner.

        The Commission shall adopt innovative techniques in order to
enhance both accuracy and speed in the evaluation process by use of
personalized OMR (Optical Mark Recognition)       answer     sheets,
onscreen marking, etc.

          The competitive examination shall consist of:
           (i) Written Examination or
           (ii) Written Examination-cum-Oral Test


  whereby:
  (a)     The Commission may hold a preliminary examination with a view
          to short listing candidates, particularly when the number of
          applications received in response to the notification is large,
          as compared to the number of posts. The short listing shall be
          done based on merit of the candidates, in accordance with the
          rule of reservation of appointments, where such rule of
          reservation applies.

  (b)     The marks obtained at this preliminary examination shall be
          counted only for the purpose of short listing candidates and shall
          not be counted for the final result.

  (c)     The marks secured by the eligible candidates in the written
          examination / main written examination, subject to the rule of
          reservation of appointments (where rule of reservation applies)
          shall be taken into account for the final result.


  (d)     In cases where oral test is conducted as part of the competitive
          examination for direct recruitment, the marks secured by the
          candidates at such oral test shall also be taken into account for
          the final result.


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Provided that the Commission may invite the Head of Department
concerned to be present himself at the oral test or to nominate a
person who is next to him in rank or any other official of his
department to be present at the oral test. The Head of
Department or his representative participating in the oral test,
may take part in the deliberations during the oral test, but shall
not be entitled to award grades independently to the candidates at
the oral test, except for the post of Civil Judge, where rules
governing selection to the said post will be followed:

Provided also that the Commission may invite any renowned
educationist or scholar or any other person with expert knowledge
in the subject concerned to be on their oral test board, in regard
to direct recruitment to posts and such invitee shall not be entitled
to award grades independently to the candidates at the oral test:

Provided also that where direct recruitment         is   made     to
Class I posts in the Tamil Nadu State Legislative Assembly
Secretariat Service, the Commission shall invite the Speaker of the
Tamil Nadu Legislative Assembly to be present or request him to
appoint a representative to be present at the oral test and the
Speaker or the representative so present, may take part in the
deliberations of the Commission but shall not be entitled to award
grades independently to the candidates at the oral test.

Provided that where any oral test is conducted as part of the
competitive examination for direct recruitment, the outstanding
and meritorious record of candidates in Sports, Athletics, NCC,
NSS, ACC, Scouts and Guides and literary activities of the
candidates besides his general physique, aptitude, flair for
expression, grasp of general knowledge, etc., shall be taken into
account by the Commission. If the candidate is in the service of
the State or Central Government or Government aided institutions
or Quasi-Government organizations, his personal file or record
sheet or any other record showing his work and conduct may also
be taken into account by the Commission.

The Departmental Representative/Expert shall maintain secrecy
about the entire proceedings of the oral test.


Note:

Where preferential qualification is prescribed for a post,
the ranking list relating to it shall be prepared in the manner
stated below:


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In cases where minimum qualification is prescribed with the
        condition that candidates with certain additional qualification will
        be preferred, the Commission shall prepare only one ranking list.
        Separate marks shall not be awarded for the preferential
        qualification. If two or more candidates secure the same marks at
        the written examination or written examination-cum-oral test, as
        the case may be, the candidates possessing the preferential
        qualifications shall be ranked above the candidates not having the
        preferential qualification.

  (e)   The Commission shall arrange the candidates selected by them,
        based on the results of the examination and by conducting
        counselling wherever required, in accordance with the rule of
        reservation of appointments, where such rule of reservation of
        appointments is applicable, and the order of rotation specified in
        the respective Schedules of the Tamil Nadu Government Servants
        (Conditions of Service) Act, 2016 and as amended by the
        Government from time to time:

        Provided that if in a recruitment, sufficient number of qualified
        and suitable candidates belonging to any of the Scheduled Castes
        and Schedule Tribes, Most Backward Classes and Denotified
        Communities are not available for selection for appointment
        against the vacancies reserved for them by direct recruitment in
        the first attempt of recruitment, then a second attempt shall be
        made for selection of the candidates belonging to the respective
        communities by direct recruitment in the same recruitment year
        or as early as possible before the next direct recruitment for
        selection of candidates against such vacancies. If the required
        number of candidates in such communities are not available even
        then, the vacancies for which selection could not be made shall
        remain unfilled until the next recruitment year treating them as
        “backlog” vacancies.

  (f)   The Commission shall forward the approved list of candidates to
        the appointing authority and watch the issuance of appointment
        orders and the reports on the date of joining duty of the
        candidates.



8. Deletion of names of candidates from the approved list:


  A.    Where a list of candidates approved for appointment to a service
        or post has been prepared in consultation with the Commission,
        the deletion from such list, of the name of any candidate who has

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not been placed on probation shall be made in consultation with
       the Commission. Where the candidates selected by the
       Commission fail to join duty or fail to produce the requisite
       documents including the certificates of physical fitness or where
       such candidate is found to be physically not fit on production of
       such certificate of physical fitness or where such candidate, on
       production of the requisite documents is found to be not qualified
       for appointment to the post, the Commission shall, either
       suo moto or on the information of the department concerned,
       as the case may be, delete the name of such candidates from the
       approved list:

       Provided that in cases where recruitment to multiple posts or one
       post in multiple unit offices, is made through a single competitive
       examination (except in the case of recruitment to posts included
       in Combined Civil Services Examination-I), and the candidate
       selected by the Commission fails to join duty or fails to produce
       the requisite documents including the certificates of physical
       fitness or where such candidate is found to be physically not fit on
       production of such certificate of physical fitness or where such
       candidate, on production of the requisite documents is found to be
       not qualified for appointment to the post, his name shall be
       deleted from the approved list by the appointing authority
       themselves. In cases where the candidate joins duty and leaves
       thereafter or the post falls vacant due to the death of the
       candidate after joining, the appointing authority shall make a
       suitable indication against the candidate’s name. In either case,
       the resultant vacancies shall be included in the estimate of
       vacancies for the next recruitment year and the same may be
       informed to the Commission.


  B.   The Commission shall reserve the right either to withhold the
       selection or to instruct the departments while forwarding the
       approved lists not to make regular appointment of any particular
       candidate, whose selection is provisional, subject to acceptance of
       his claims regarding his eligibility for selection.



9. Publication in the Tamil Nadu Public Service Commission Bulletin:


       The list of approved candidates prepared by the Commission shall
be published in the Tamil Nadu Public Service Commission Bulletin in
cases where the lists are drawn in advance for the purpose of filling the
vacancies which are expected to arise during the year or during any other
definite period, following the preparation of the lists:

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Provided that the list shall be published in the Tamil Nadu Public
Service Commission Bulletin after the approval by the Government, where
such approval is necessary.


10. Recruitment by Transfer:

  A.   Where recruitment is made by way of transfer of an officer to any
       post or service and consultation with the Commission is required,
       the Commission shall advise the Government or the appointing
       authority, as the case may be, in respect of any Government
       official nominated, as to whether he fulfils the qualifications
       prescribed and whether from his record of service he possesses
       the qualifications and experience required for the post / service to
       which it is proposed to transfer him.

  B.   Subject to the provisions of the Tamil Nadu Public Service
       Commission Regulations, 1954, where recruitment to a State
       Service is to be made by transfer from a Subordinate Service from
       which such recruitment is normally made or where appointment is
       to be made by promotion from one category to another category
       or from one class to another class in a State Service for which the
       Commission is required to be consulted and for which the
       Departmental Promotion Committee procedure as laid down by
       the orders of the Government from time to time is applicable, the
       Chairman shall himself preside over or nominate a Member of the
       Commission to act as Chairman for each of the Departmental
       Promotion Committees.

  C.   The Departmental Promotion Committee shall consider the claims
       of all such Government officials considered eligible in their opinion
       for such recruitment by transfer or promotion as they consider
       necessary    in   accordance     with   the     rules    in    force.
       The recommendation of the Departmental Promotion Committee
       as prepared by the convenor Member, arranged in the order of
       merit of the candidates and approved by the Chairman and
       Members of the Departmental Promotion Committee shall be
       communicated to the Government by the Secretary to the
       Commission:

       Provided that in any particular case or cases where the Chairman
       of the Departmental Promotion Committee requires that the
       Commission     should   be     consulted,   such    cases    shall
       be referred to the Commission            for their decision and
       the decision taken thereon, by the majority of the Commission
       shall be communicated to the Government by the Secretary to the
       Commission.
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11. Matters relating to recruitments to be made otherwise than
under Rules 7 or 10 (i.e., other than by direct recruitment or
recruitment by transfer):


 A.   Subject to the provisions of the Tamil Nadu Public Service
      Commission Regulations, 1954, where recruitment is to be made
      to any civil post or to any State Service otherwise than under
      rules 7 and 10, the Commission shall:

      (i)      Announce the qualifications required of candidates and
               the number of vacancies to be filled:

               Provided that where the exact number of vacancies to be
               filled is not ascertainable the Commission shall announce
               the approximate number of vacancies to be filled;

      (ii)     Invite applications, consider all applications received and
               conduct oral test, where necessary, for such candidates
               as they consider suitable for appointment; and

      (iii)    Arrange the candidates selected on the results of the
               examination and by conducting counselling wherever
               required, in accordance with the rule of reservation of
               appointments and order of rotation specified in the
               respective Schedules of the Tamil Nadu Government
               Servants (Conditions of Service) Act, 2016, where the
               rule of reservation of appointments is applicable and
               forward the list to appointing authority.


 B.   The Commission shall invite the Head of the Department
      concerned to be present or to appoint a representative
      to be present at the oral test referred to in clause (ii)
      of sub-rule (A), and the Head of Department or his representative
      so present may take part in the deliberations of the Commission
      but shall not be entitled to award marks:

      Provided that for the oral test of candidates for recruitment to the
      Class-I posts in the Tamil Nadu State Legislative Assembly
      Secretariat Service, the Commission shall invite the Speaker of
      the Tamil Nadu Legislative Assembly to be present or to appoint a
      representative to be present at the oral test and the Speaker or
      the representative so present may take part in the deliberations of
      the Commission but shall not be entitled to award marks.


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12. Departmental Examinations:

        Where any examination is to be held to test the proficiency of
classes of Government servants in the subjects prescribed for
departmental examinations, the Commission shall:


  A.   Advise in regard to the prescribing of
       (i)     the conditions of admission to the examination;
       (ii)    the syllabus of the examination; and
       (iii)   the percentage of marks to be obtained for passing the
                 examination;

  B.   Make all arrangements for the actual conduct of the examination
       and oral test wherever applicable; and

  C.   Publish the results of the successful candidates with their
       roll numbers, names, addresses and date of birth in the
       Tamil Nadu Public Service Commission Bulletin.


13. Meeting of the Commission:

  A.   The Chairman may convene the meetings of the Commission on
       his own or on the suggestion of any one or more Members of the
       Commission. The quorum for holding a meeting of the
       Commission shall be two-thirds of the Members including
       Chairman in position. The Chairman may adjourn any business at
       such a meeting if he is of the opinion that it cannot conveniently
       be transacted owing to the non-attendance of any Member.

  B.   Every question at a meeting of the Commission shall be
       determined by a majority of the votes of the Members present
       and voting on the question, and in the case of an equal division of
       votes, the Chairman shall have and exercise a second or casting
       vote:

       Provided that if there is an equal division on a subject matter in a
       file, such matter shall be determined at a meeting of the
       Commission under this rule.

  C.   If the Chairman is unable to be present at a meeting of the
       Commission, he shall nominate any one of the Members of the
       Commission to act for him and the Member so appointed shall
       have all the powers of the Chairman at that meeting:


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Provided that unless the Chairman otherwise directs, no action
     shall be taken upon any decision arrived at in a meeting at which
     he was not present until he has been informed of such decision,
     and upon being so informed, he may direct that any such decision
     shall be reconsidered at a meeting at which he is present;

     Provided further that where a Member of the Commission who
     sponsored a subject for discussion by the Commission is absent
     during the first sitting of the Commission when such subject was
     included in the agenda for discussion, the subject shall be taken
     up in the second sitting of the Commission and decided,
     notwithstanding the absence of the sponsoring Member during
     such second sitting of the Commission. However, the sponsoring
     Member may record only his views on the file when it is circulated
     with the approved minutes.


D.   Under extraordinary circumstances when the Chairman is unable
     to nominate any Member to act for him and if any urgent decision
     is to be taken on matters relating to conduct of examination
     related issues / urgent matters, the Secretary shall bring it to the
     notice of the senior most Member available. The senior most
     Member, on behalf of Chairman, shall immediately arrange to
     convene the meeting. Subsequent to a briefing by the Secretary
     on such matters, the Commission may arrive at a decision by
     consensus. Such matters shall be reported to the Chairman at
     once on his return to office.


E.   All decisions of the Commission shall be recorded by the Secretary
     in accordance with the directions of the Commission.

F.   The minutes of the meeting shall be recorded by the Secretary
     after the approval of the Chairman and shall be circulated to all
     Members within a reasonable time. It shall be duty of the
     Secretary to ensure that all minutes of the meeting of the
     Commission are invariably preserved as permanent records.
     At the end of every financial year all minutes of meetings in that
     year shall be bound together and preserved as a permanent
     record.

G.   The proceedings of the Commission shall not be invalidated by
     reason of any vacancy in the office of the Chairman or any other
     Member or Members.




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14. Communication of Commission’s Decisions:

    Whenever the Commission is required to give advice or forward
proposals to or be consulted by any authority, the decision of the
Commission shall be communicated in a letter signed by the Secretary or
the Deputy Secretary, as the case may be and in case the decision of the
Commission is not unanimous, neither the fact of, nor the grounds for
dissent shall be communicated unless the Chairman so directs.




15. Disciplinary and Other Matters:


  A.    The advice given by the Commission in any disciplinary case,
        including appeals and memorials, shall contain recommendations
        both in respect of the charge(s) as well as the punishment.

  B.    Where the advice of the Commission is required to be tendered
        under sub-clause (c) of clause (3) of Article 320 of the
        Constitution of India on any disciplinary matters including appeals
        and memorials, the Commission shall see that all the connected
        records of the case are furnished for their perusal and also see
        that the advice tendered by the Commission forms part of the
        record of the case and is communicated to the officer or officers
        concerned, along with the orders of the authority empowered to
        pass orders in the case, unless the Chief Minister, in public
        interest, directs otherwise.




16. Responsibility for Strict Compliance with Rules:

     The Secretary and other officers of the Commission shall be
responsible for strict compliance with the provisions of these Rules.




17. Duties of the Secretary:

  A.    All communication addressed to the Commission             shall   be
        addressed to the Secretary to the Commission.

  B.    All communication sent on behalf of the Commission shall be sent
        in the name of the Secretary to the Commission.


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Text of page 21
18. Observance of Rules:

     In the exercise of their functions under clause (3) of Article 320 of
the Constitution of India, the Commission shall observe the rules,
if any, made by the State Government in consultation with the
Commission regarding the constitution of, or recruitment to, the State or
Subordinate Services concerned.



19. Calling for of records from the Government / Government
Departments:

     The Commission may at any time, call for from the State Government
or from any Head of Department or               any      other    authority
subordinate to the State Government, any records, report or information
which may, in their view, be necessary to enable them to discharge their
functions; and such record, report or information shall be furnished to the
Commission without undue delay by the State Government or Head of
Department or any other authority concerned, unless the Governor of
Tamil Nadu certifies that the same:

  A.    cannot be furnished without undue labour; or
  B.    should be withheld in the public interest.



20. Presentation of Annual Report:

      The Commission shall present to the State Government by the
15th July of each year, a report of their proceedings during the preceding
financial year.



21. Matters not Regulated:

      In any matter for which no provision is made in these rules,
the Commission shall regulate their proceedings in such manner as they
think fit.


22. Special Procedures:

      Notwithstanding anything contained in these rules, the Commission
may adopt for purposes of recruitment, in any particular case or class of
cases, a special procedure as more appropriate than the one prescribed in
any of these rules.

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Text of page 22
23. Right to Interpretation:

        The Commission reserves the right of interpreting these rules. If
any doubt arises about the interpretation of these Rules, the same will be
decided by the Commission.



24. Repeal and Savings:

        The Tamil Nadu Public Service Commission Rules of Procedure,
as in force immediately before the commencement of these rules are
hereby repealed in so far as they provide for any of the matters contained
in these rules:

Provided that anything done or any action taken under the rules shall not
be called in question in any proceedings in any court or otherwise before
the Commission on the ground that the rules have been repealed.




Post Script:
Words indicative of masculine gender, wherever used in these rules,
shall be considered as including the feminine gender, unless the context
clearly indicates otherwise.



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Text of page 23
Subsidiary Rules of Procedure

      In exercise of the functions stipulated in Article 320 of the
Constitution of India, the Tamil Nadu Public Service Commission hereby
adopts the following Subsidiary Rules of Procedure, in accordance with the
powers conferred by Rule 21 of the Tamil Nadu Public Service Commission
Rules of Procedure and in supersession of the Subsidiary Rules of
Procedure currently in force, on the subject of regulating the arrangement
in the order of merit of candidates who obtain equal marks at competitive
examinations comprising of either a written examination alone or both a
written examination and an oral test.

A.    In the case of competitive examinations comprising of
      written examination alone

(1)   The merit list or ranking list shall be prepared on the basis of total
      marks secured by the candidates in the written examination.
(2)   1[(i)  In case of two or more candidates scoring equal marks, the
      candidate possessing the higher qualification shall be placed above
      in the merit list.
       (ii) For the posts prescribing technical qualification viz.,
      Typewriting and Shorthand, the candidates possessing higher
      Technical qualification shall be placed above the other candidates.
         a) For the post of Typist, the candidates possessing higher
              qualification in Typewriting shall be placed above          the
              candidates possessing lower qualification in Typewriting.
          b) For the post of Steno-Typist, the candidates possessing
              higher qualification in Shorthand shall be placed above the
              candidates possessing lower qualification in Shorthand.
      After finalizing placement based on higher technical qualification,
      then the candidates with higher educational qualification shall be
      considered.]1
(3)   When the marks obtained in the written examination and the
      qualification are also the same, then the candidate senior in age
      shall be placed above in the merit list.
(4)   When the age too is the same, then the candidate who has
      submitted his application earlier to the Commission, as determined
      from the application number, shall be placed above in the merit list.




 1. Amended vide Commission’s orders dated 10.12.2024 --------------------
    --------1.2024.
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B.    In the case of competitive examinations comprising               of
      written examination and oral test

(1)   The merit list or the ranking list shall be prepared on the basis of
      total marks obtained, by combining the marks secured by the
      candidates in the written examination with the marks secured in the
      oral test.
(2)   In case of two or more candidates scoring equal marks, the
      candidate senior in age shall be placed above in the merit list.
(3)   When the age too is the same, then the candidate securing higher
      marks in the written examination shall be placed above in the
      merit list.
(4)   When the marks obtained in the written examination are also equal,
      then the candidate who had submitted his application earlier to the
      Commission, as determined from the application number, shall be
      placed above in the merit list.




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Source: Tamil Nadu Public Service Commission. Question paper published by Tamil Nadu Public Service Commission.