D.Sudhakar v. Airports Authority Of India

THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06.08.2025

CORAM:

THE HON'BLE MR. JUSTICE K. SURENDER and W.M.P. No.20498 of 2016 D. Sudhakar ... Petitioner -Vs1. Airports Authority of India, Rep. by its Chairman,

2. Executive Director, (Personnel & Administration) Airports Authority of India,

3. Airports Authority of India, Rep. by its Regional Executive Director (Southern Region), Meenambakkam, Chennai - 600 027.

...

Respondents 1/6

Prayer : Writ Petition filed under Article 226 of the Constitution of India, for Writ of Declaration declaring that the action of the 3rd respondent in conducting the second part of the selection process for the post of Junior Assistant (Fire Service) - NE-4 viz., Physical Measurement Test, Driving Test and Physical Endurance Test pursuant to the advertisement No.SRD/01/SR/2015 being Special Recruitment Drive2015 for OBC and ST is contrary to the approved selection process communicated by the 2nd respondent along with its letter dated 14.07.2005 bearing No.PERS/MPP/1126/11/89(PT)/500, illegal and contrary to law and consequently direct the respondent to conduct the second part of the selection process afresh viz., Physical Measurement Test, Driving Test and Physical Endurance Test in accordance with the approved selection process and thereafter proceed with the filing up of the vacancies.

For Petitioner : Mr.Balan Haridas For Respondents : Dr. Fr. Xavier Arulraj for M/s.A. Arulmary - - - - - -

ORDER

This writ petition has been filed to declare the action of the 3rd respondent in conducting the second part of the selection process for the post of Junior Assistant (Fire Service) - NE-4 viz., Physical Measurement Test, Driving Test and Physical Endurance Test pursuant to the advertisement No.SRD/01/SR/2015 being Special Recruitment Drive2015 for OBC and ST is contrary to the approved selection process 2/6

communicated by the 2nd respondent along with its letter dated 14.07.2005 bearing No.PERS/MPP/1126/11/89(PT)/500, illegal and contrary to law and consequently direct the respondent to conduct the second part of the selection process afresh viz., Physical Measurement Test, Driving Test and Physical Endurance Test in accordance with the approved selection process and thereafter proceed with the filing up of the vacancies.

2. The facts of the case is that the petitioner had applied for the post of Junior Assistant (Fire service), in the year 2016. It is further stated that as per the Notification, in the selection process, Written Test, Physical Measurement, Driving Test, Endurance Test and Interview would be conducted. Subsequent to selection of the first part viz., Written Examination, the petitioner has to qualify in the second part of the selection. When that be so, after clearing the driving test, the candidates should run 100 mts., within 15 seconds and if he failed to do so, he will not be eligible to take the remaining four items of the Physical Endurance Test. However, it is the case of the petitioner that such condition imposed is contrary to the Notification issued by the 3rd respondent. Aggrieved by the said condition, the petitioner has 3/6

approached this Court by way of filing this writ petition.

3. The learned counsel for the petitioner would submit that the condition viz., the candidates should run 100 mts., within 15 seconds and if he failed to do so, he will not be eligible to take the remaining four items of the Physical Endurance Test, imposed by the respondent was not specified earlier at the time of publication of Notification and therefore, the same is improper.

4. On the other hand, the learned counsel for the respondents would submit that it is for the concerned authority/ selection committee, to select the persons for employment and the conditions imposed at the time of selection cannot be challenged under Article 226 of the Constitution of India, which is merely vested with the selection committee. However, the selection process was completed.

5. From the aforesaid submissions, it is clear that the process of selection is completed long time back and till date, no interim orders were passed by this Court, reserving any post. When that be so, no useful purpose would be served keeping this writ petition at this length of time. 4/6

6. In view of the above, the Writ Petition stands closed. No costs. Consequently, connected miscellaneous petition is also closed. K. SURENDER, J.

06.08.2025 Internet:Yes/No Index:Yes/No Speaking/Non-speaking order vsi2 To

1. Airports Authority of India, Rep. by its Chairman, K. SURENDER, J.

vsi2 5/6

2. The Executive Director, (Personnel & Administration) Airports Authority of India,

3. The Regional Executive Director (Southern Region), Airports Authority of India, Meenambakkam, Chennai - 600 027.

and W.M.P. No.20498 of 2016 06.08.2025 6/6