V.Rajeshkumar v. The Additional Chief Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.11.2024
CORAM
THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH and W.M.P.No.10763 of 2022 V.Rajeshkumar ... Petitioner Vs.
1. The Additional Chief Secretary to Government, Environment and Forest Department, Secretariat, Chennai - 600 009
2. The Chairman, Tamil Nadu Pollution Control Board, No.76, Mount Salai, Guindy, Chennai - 600 032 ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to appoint me in the post of Environment Scientist (Scientific Service) under PSTM category pursuant to the notification issued by the 2nd respondent in Notification No.02/2019 dated 05.03.2020.
For Petitioner : Mr.P.Muthu Vijaya Pandian For Respondents : Ms.Vijaya Kumar Natarajan Standing Counsel for R2
O R D E R
This Writ Petition has been filed to direct the respondents to appoint the petitioner in the post of Environment Scientist (Scientific Service) under PSTM category pursuant to the notification issued by the second respondent in Notification No.02/2019 dated 05.03.2020.
2. Heard the learned counsel on both sides and also perused the entire materials available on record.
3. The case of the petitioner is that the petitioner had applied for the post of Environmental Scientist pursuant to the notification dated 05.03.2020. As per this notification, 20% of the vacancies are notified to candidates, who have studied in Tamil medium (PSTM). The petitioner wrote the examination conducted by the second respondent and has secured 34.63 out of 87.8 marks. Since the respondents were not applying PSTM reservation properly, the petitioner was not selected for the above said post under PSTM category. Hence, he filed this writ petition.
4. The learned counsel for the petitioner submitted that if the
respondents had applied PSTM reservation properly, the petitioner would have been selected to the said post. Hence, he prays to direct the respondents to appoint the petitioner for the post of Environmental Scientist.
5. The learned Standing Counsel appearing for the second respondent submitted that the Tamil Nadu Pollution Control Board has followed the due procedure and norms as laid down by the Government on rule of reservation in the selection process of Environmental Scientist and the petitioner has secured marks lower than the marks obtained by the other candidates in the same category. He further submitted that the recruitment process was completed and the selected candidates were joined in the TNPC Board in the 1st week of May 2022 itself. He further submitted that the very same prayer was sought in the case of P.Rajakumar and others Vs. The Chairman, Tamil Nadu Pollution Control Board and others [W.P.Nos.17657, 18091, 18645, 18869, 19613, 19615 of 2020 & W.P.Nos.117, 1454, 1457, 1633, 3406, 9025, 18422 of 2021]. The said batch of writ petition was dismissed by this Court vide order dated dated 21.04.2022. For the sake of ease of reference, the said order is extracted as under: "The first respondent / Tamil Nadu Pollution Control
Board is directed to publish the selection list and proceed for issuance of necessary appointment / posting orders to the selected candidates in accordance with law, as early as possible, without any further delay.
23. These Writ Petitions stands dismissed with the above directions. No costs. Interim Orders already granted stands vacated and consequently, connected miscellaneous petitions are also dismissed."
6. Considering the submissions made by the learned counsel on either side and in the light of the order passed by this Court in W.P.Nos.17657, 18091, 18645, 18869, 19613, 19615 of 2020 & W.P.Nos.117, 1454, 1457, 1633, 3406, 9025, 18422 of 2021 dated 21.04.2022 and also taking note of the fact that the recruitment process was completed by the TNPC Board in the year 2022 itself, this Court finds no merits in this petition,
7. In view of the above reasons, this Writ Petition is dismissed. No costs. Consequently, connected Writ Miscellaneous Petition stands closed. 11.11.2024 mac Index : Yes / No Speaking order / Non-speaking order
VIVEK KUMAR SINGH, J.
mac To
1. The Additional Chief Secretary to Government, Environment and Forest Department, Secretariat, Chennai - 600 009
2. The Chairman, Tamil Nadu Pollution Control Board, No.76, Mount Salai, Guindy, Chennai - 600 032 and W.M.P.No.10763 of 2022 11.11.2024