P.R.Krishnan v. The Chairman

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.12.2017

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.6647 of 2014 and MP.Nos.1 and 2 of 2014 P.R.Krishnan .. Petitioner Vs 1.The Chairman, Tamil Nadu Generation and Distribution Corporation Ltd., Anna Salai, Chennai - 600 002.

2.The Chief Engineer (Personnel), Tamil Nadu Generation and Distribution Corporation Limited, Head Quarters, Anna Salai, Chennai - 600 002. ..Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records relating to selection list of 4000 nos. of helper(trainee) by direct recruitment 20132014, which was published in the official website of the respondents and quash the same and consequently appoint the petitioner as Helper (Trainee) with the respondents. For Petitioner : Mr.P.Kannan Kumar For Respondents : Mrs.R.Varalakshmi

O R D E R

The relief sought for in this writ petition is to call for the records relating to selection list of four thousand numbers of Helpers (Trainees) by direct recruitment for the year 2013 to 2014, which was published in the official website of the respondents and quash the same and consequently appoint the petitioner as Helper (Trainee) with the respondents.

2. Now, it is brought to the notice of this Court that the cut of marks for Backward Communities from the selected candidates to the post of I.T.I. Helper is 79.48%. However, the https://hcservices.ecourts.gov.in/hcservices/

petitioner has scored only 70.03% and therefore the petitioner has not reached the zone of consideration. When the writ petitioner has not reached the zone consideration the claim of the writ petitioner for appointment to the post of Helper cannot be considered.

3. An appointment can never be claimed as a matter of right, so also the selection process. The selection can be challenged only on the limited grounds of malpractices, illegality,violation of statutory Rules or if corrupt practices are found during the process of selection. In the absence of any one of these legal grounds, the selection list cannot be interfered by the High Court under Article 226 of Constitution of India. This being the legal principles to be followed when a writ petition is filed challenging the selection process. As the writ petitioner has not reached the zone of consideration, the claim of the writ petitioner for appointment cannot be considered.

4. Accordingly, the writ petition stands dismissed. However, there shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS IV ) //True copy// Sub Assistant Registrar ms To 1.The Chairman, Tamil Nadu Generation and Distribution Corporation Ltd., Anna Salai, Chennai - 600 002.

2.The Chief Engineer (Personnel), Tamil Nadu Generation and Distribution Corporation Limited, Head Quarters, Anna Salai, Chennai - 600 002.

+1cc to Mr.R.Varalakshmi, Advocate SR.No.89807 +1cc to Mr.P.Kannan Kumar, Advocate SR.No.89758 W.P.No.6647 of 2014 NRI(CO) GN(11/01/2018) https://hcservices.ecourts.gov.in/hcservices/