T.Arun, v. The Chairman,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 18.01.2018

CORAM

THE HONOURABLE MR. JUSTICE T.RAJA W.P.No.1012 of 2018 T.Arun

...Petitioner

Versus

1. The Chairman,

2. The Chief Engineer (Personal), ... Respondents Prayer:

Writ petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to fill up the vacancies for the post of Technical Assistant/Electrical (EEE) by implementing 5% reservation for the Ex-Servicemen Quota.

For Petitioner : Mr.C.Prakasam For Respondents : ...

O R D E R

The Writ Petition has been filed seeking to issue a Writ of Mandamus, directing the respondents to fill up the vacancies for the post of Technical Assistant/Electrical (EEE) by implementing 5% reservation for the Ex-Servicemen Quota.

2.

Learned Counsel for the petitioner submitted that the 2nd respondent called for applications through online mode for direct recruitment for the posts of Technical Assistant/Electrical for filling the 500 vacancies through the candidates who obtained Diploma/Degree with Electrical Engineering/Electrical and Electronics Engineering and reserved 91% to the said degree holders and 7% reserved for who obtained

Diploma/Degree in Electronics and Communication Engineering/Instrumentation Engineering and 2% reserved for Computer Science/Information Technology and 25 vacancies for the post of Technical Assistant/Mechanical and 50 vacancies for Assistant Draughtsman and vacancies for Field Assistant/Trainee. The learned Counsel further submitted that the petitioner applied for the post of Technical Assistant as he had also obtained Diploma in Electrical and Electronics Engineering. Accepting his application, the 2nd respondent's officials issued Hall Ticket for the written test held on 28.8.2016 to him. Accordingly, the petitioner appeared for the Written Test on 28.8.2016 and he answered all the questions. Now the grievance of the petitioner is that till date, the respondents have not come forward to publish the results. Hence the present Writ Petition.

3.

On the face of the records, this Court is of the view that before filing any Writ Petition seeking Mandamus, it is a pre-condition for the petitioner concerned to make a representation well-in-advance before the respondent and only after finding no response or inaction on the part of the statutory authority, he can approach this Court under Article 226 of the Constitution of India. But, in the present case, though the written examination took place almost 1 1⁄2 years ago, namely, on 28.8.2016, it is not known why the petitioner has not even approached the respondents with a simple representation in this regard. When he has slept over the matter for 1 1⁄2 years and as such, without there being any inaction on the part of the respondents, he cannot straight away approach this Court by way of filing this Writ Petition.

4.

In the result, the Writ Petition fails and the same is accordingly dismissed. No costs.

Sd/- Assistant Registrar(CS-V) //True Copy// Sub Assistant Registrar tsi To

1. The Chairman,

2. The Chief Engineer (Personal), +1cc to Mr.C.PRAKASAM, Advocate, S.R.No. 4328 W.P.No.1012 of 2018 GMI(CO) TR(08/02/2018)