A.Senthilkumar v. The Chairman
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.02.2020
CORAM
THE HON'BLE MR.JUSTICE N.ANAND VENKATESH W.P.No.2390 of 2020 and WMP No.2792 & 2793 of 2020 A.Senthilkumar .. Petitioner .v.
1.The Chairman, Tamil Nadu Electricity Board, NPKRR Maaligai, No.144-Anna Salai, Chennai 600 002.
2.The Chief Engineer/Personnel, Tamil Nadu Generation and Distribution Corporation Limited, NPKRR Maaligai, No.144-Anna Salai, Chennai 600 002.
3.The Superintending Engineer, Tamil Nadu Generation and Distribution Corporation Limited, Udumalpet Distribution Circle, Udumalpet.
... Respondents Prayer:- Writ Petitions filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified mandamus call for the records of Impugned disqualifying Physical test report vide number in VO439-Coimbatore-II dated 14.12.2019 on the file of 3rd respondent and quash the same and directing the respondents to conduct third activity to the petitioner in respect of notification number: 1/2019 dated 7.3.2019 on the file of 2nd respondent.
For Petitioner : Mr.K.Myilsamy For Respondents : Mr.G.R.Balakumar 1/4
O R D E R
This Writ Petition has been filed challenging the disqualification of the petitioner in the physical test that was conducted by the respondents in the course of selection to the post of Gangman (trainee).
2.The 2nd respondent issued a Notification on 07.03.2019 and invited applications for recruitment to the post of Gangman (trainee). The selection involved both physical test and written test. The physical test in turn involved three activities to be completed by the candidates in a particular manner within a particular time. The petitioner completed the first activity correctly on time. However, when it came to the second activity, it was found that the petitioner did not perform the activity correctly and therefore, his candidature was rejected and consequently, the petitioner was not allowed to move on to the third activity. Aggrieved by the same, the present writ petition has been filed before this Court. 3.
The learned counsel for the petitioner submitted that the petitioner had performed the second activity in a correct manner and within the time that was stipulated. However, the respondents went wrong in rejecting the candidature of the petitioner and therefore, the petitioner must be allowed to once again participate in the physical test and thereafter, the petitioner must be allowed to take the written examination. 4.In the considered view of this Court, the relief claimed by the petitioner cannot be entertained by this Court. This is a selection process which involves performing of certain activity in a particular manner and within a particular time. While doing so, in the second activity, the authority had disqualified the petitioner with a remark "U clam fitted before Jampering not completed properly".
This is highly a technical area where, this Court cannot come to any conclusion as to whether the reason given by the respondents for disqualification is correct or wrong. The respondents did not carry any particular ill will against the petitioner and the same standard is applied for all the participants. This Court cannot interfere with such decision taken by the concerned authority, unless this Court is able to find any apparent illegality in the process of rejection.
2/4
5.In view of the above discussion, this Court does not find any ground to entertain this Writ Petition and accordingly, this Writ Petition is dismissed. No costs. Consequently, the connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar KP To 1.The Chairman, Tamil Nadu Electricity Board, NPKRR Maaligai, No.144-Anna Salai, Chennai 600 002.
2.The Chief Engineer/Personnel, Tamil Nadu Generation and Distribution Corporation Limited, NPKRR Maaligai, No.144-Anna Salai, Chennai 600 002.
3.The Superintending Engineer, Tamil Nadu Generation and Distribution Corporation Limited, Udumalpet Distribution Circle, Udumalpet.
+1cc to Mr.K.Myilsamy, Advocate sr.10079 W.P.No.2390 of 2020 nrl(co) nr 05/03/2020 3/4