Brolin U.S v. Airports Authority Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.03.2023

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU and W.M.P. No. 7421 of 2023 Brolin U S ... Petitioner -vsAirports Authority of India Rep. by its Regional Executive Director Southern Region Meenambakkam Chennai 600 027.

... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Declaration, declaring the action of the Respondent in changing the minimum pass mark in the written examination for the post of Junior Assistant (Fire Service) from 50 to 60 out of 100 is contrary to Advertisement No.SR/01/2022 as illegal, arbitrary and contrary to law and consequently direct the Respondent to proceed with the Selection process in respect of the post of Junior Assistant (Fire Service) in terms of the Advertisement No.SR/01/2022 and complete the selection process on that basis. 1/4

For Petitioner :

Mr. Balan Haridas For Respondent :

Mr. M.Palanimuthu Standing Counsel

O R D E R

Heard Mr. Balan Haridas, Learned Counsel for the Petitioner and Mr. M.Palanimuthu, Learned Standing Counsel takes notice for the Respondent and perused the materials placed on record, apart from the pleadings of the parties. 2.

The Writ Petition has been filed seeking a declaration that the action of the Respondent in changing the minimum pass mark in the written examination for the post of Junior Assistant (Fire Service) from 50 to 60 out of 100 is contrary to Advertisement No.SR/01/2022 as illegal, arbitrary and contrary to law and consequently direct the Respondent to proceed with the Selection process in respect of the post of Junior Assistant (Fire Service) in terms of the Advertisement No.SR/01/2022 and complete the selection process on that basis. 3.

Learned Counsel for the Respondents, on instructions, states that there is no proposal for increasing the minimum pass mark from 50 to 60 as apprehended by the Petitioner and he has also made an endorsement to that effect in the court record.

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4.

In that backdrop, Learned Counsel for the Petitioner seeks permission of the Court to withdraw the Writ Petition reserving the rights of the Petitioner, if he has any further grievance to workout his remedies before the proper forum in the manner recognized by law.

In view of the same, the Writ Petition has dismissed as withdrawn with the aforesaid clarifications. Consequently, connected Miscellaneous Petition is closed. No costs.

10.03.2023 kan Index: Yes/No Note: Issue order copy by 10.04.2023.

To The Regional Executive Director, Airports Authority of India, Southern Region, Meenambakkam, Chennai - 600027.

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P.D. AUDIKESAVALU, J.

kan W.P. No. 7342 of 2023 Dated : 10.03.2023 4/4