M.Jagannivasan v. The Chairman And Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.12.2025
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P.No.141 of 2024 M.Jagannivasan ... Petitioner Vs.
1.The Chairman and Managing Director, Madras Fertilizers Limited, Manali, Chennai-600 068.
2.The General Manager (P & A), Madras Fertilizers Limited, Manali, Chennai-600 068.
3.The Director (Technical), Madras Fertilizers Limited, Manali, Chennai-600 068.
....Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order issued by the second respondent in HR/4.056/11/2023 dated 26.11.2023 and to quash the same insofar as cancellation of selection to the post of Junior Marketing Assistant alone and consequently directing the respondents to issue posting order in favour of the petitioner to the post of Junior Marketing Assistant based on recruitment
Notification dated 25.09.2019 and the subsequent selection list to the post of Junior Marketing Assistant dated 31.12.2019, with all consequential and other attendant benefits.
For Petitioner :
Mr.G.Sankaran Senior Counsel for Mr.S.Nedunchezhiyan For Respondents : Mr.Jayesh B.Dolia Senior Counsel assisted by Ms.J.Kifif Tonna Sharon for M/s.Aiyar and Dolia
O R D E R
Aggrieved by non-communication of the decision of the respondents in cancelling the recruitment process, the petitioner is before this Court by filing this writ petition.
2. It is the case of the petitioner that the respondents issued a Notification for filling up the post of Junior Marketing Assistant and the petitioner and other candidates were selected for the said post and when they were waiting for appointment orders, they were informed that this Court had granted an order of interim stay of the recruitment process based on the writ petition filed by one employee of MFL Employees Welfare Association. The plea raised in that writ petition is that the post of Junior Marketing Assistant
was a promotional post and the same cannot be filled up by direct recruitment. During the period of interim stay, the respondents have resolved the issues among themselves and the respondents took a decision to drop the recruitment process. The writ petition filed by the employee was disposed of on the ground that the impugned Notification dated 25.09.2019 has been withdrawn by them. The petitioner is aggrieved that the decision to cancel the recruitment process was not communicated to them and therefore, in effect, the recruitment process is still on and therefore, the petitioner prays for a direction to the respondents to issue them with appointment orders.
3. The respondents have filed a detailed counter affidavit, wherein, they have pointed out clause 14 of the general instructions which reads as follows:- "MFL reserves the right to change/modify/cancel/amen the selection/recruitment process or procedure thereof at its sole discretion without assigning any reason. Decision of MFL on any such matters would be final."
4. Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents.
5. The respondents are taking shelter under clause 14 for cancelling the recruitment process. On a bare reading of the relevant clause, it is clear that the respondents have right to cancel the selection process without assigning any reason. The petitioner had undergone selection process after being aware of the said clause and therefore, the action of the respondents in canceling the recruitment process cannot be faulted with. However, the respondents ought to have communicated the petitioner about the cancellation of the recruitment process. Till such time, the petitioner would be at an impression that the recruitment process is not yet over. Therefore, in the result, this Writ Petition stands disposed of with a direction to the respondents to communicate the decision of cancellation of the recruitment process to the petitioner forthwith enabling him to work out his remedy in the manner known to law. There shall be no order as to costs. Connected miscellaneous petition is closed.
01.12.2025 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No ssb
To 1.The Chairman and Managing Director, Madras Fertilizers Limited, Manali, Chennai-600 068.
2.The General Manager (P & A), Madras Fertilizers Limited, Manali, Chennai-600 068.
3.The Director (Technical), Madras Fertilizers Limited, Manali, Chennai-600 068.
M.DHANDAPANI, J.
ssb 01.12.2025