M.Kumar, v. The Chairman,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 24.03.2016

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P. No.10966 of 2016 M.Kumar .. Petitioner -vsThe Chairman, Tamil Nadu Forest Uniformed Services Recruitment Committee, Panagal Maaligai, Saidapet, Chennai-600 015.

... Respondent Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondent to consider the experience of the petitioner as Technical Assistant for three years in the department and give preference to the petitioner while recruiting personnel for the posts called for in the respondent's advertisement No.1/2014 dated 22.12.2014. For Petitioner :

Mr.G.V.Vairamsanthosh For respondent :

Mr.N.Inbanathan, Government Advocate (Forest)

O R D E R

The petitioner M.Kumar, who is presently serving as Technical Assistant (TBGP) has come to this Court, seeking a direction to the respondent to consider his experience as Technical Assistant for three years in the department and give preference to him while recruiting personnel for the posts called for in respondent advertisement No.1/2014 dated 22.12.2014. 2.Learned counsel appearing for the petitioner would submit that after the petitioner joined as a Technical Assistant (TBGP) on 02.07.2012, the Tamil Nadu Forest Uniformed Services Recruitment Committee/respondent herein vide its advertisement No.1/2014 dated 22.12.2014 called for the posts namely Forester, Tamil Nadu Forest Department (TNFD), Forester, Tamil Nadu Forest Plantation Corporation Limited (TAFCORN) and Field Assistant, Arasu Rubber Corporation Limited (ARC). Learned counsel would https://hcservices.ecourts.gov.in/hcservices/

further submit that as the petitioner has already been working as a Technical Assistant (TGBP) in the project, the respondent has to consider the experience of the petitioner and to give preference to him, while selecting for the above posts. In this regard, the petitioner sent a representation to the respondent to consider his experience as Technical Assistant. Therefore, the petitioner sought for direction to the respondent to consider the case of the petitioner.

3.The grievance of the petitioner is that since he has got working experience as Technical Assistant, the respondent should give him preference. I do not agree with him, because, while selecting candidates for the above posts if the petitioner performs well by utilising his experience, the selection committee could have found him eligible, therefore, this Court cannot direct the respondent, as the selection of candidates are to be made by seeing their performance by the Selection Committee. Hence, this Court is not inclined to entertain this petition. Accordingly, the Writ Petition fails and the same is dismissed. No costs.

vga s/d- Assistant Registrar(CS-VII) True Copy Sub-Assistant Registrar To The Chairman, Tamil Nadu Forest Uniformed Services Recruitment Committee, Panagal Maaligai, Saidapet, Chennai-600 015.

+ 1 cc to Spl.Govt.Pleader SR 18732 mp(co) prk26/4 W.P. No.10966 of 2016 https://hcservices.ecourts.gov.in/hcservices/