B.Suresh v. Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.07.2024

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN B.Suresh ... Petitioner Vs

1. Secretary to Government, Home (Transport II-A) Department, Secretariat, Fort St. George, Chennai - 600 009.

2. The Secretary, Tamil Nadu Public Service Commission, T.N.P.S.C. Road, V.O.C. Nagar, Park Town, Chennai - 3.

3. The Transport Commissioner, Ezhilagam, Chepauk, Chennai - 600 005.

4. A. Mohammed Meera ... Respondents Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Declaration, declaring the selection and appointment of the fourth respondent as Motor Vehicle Inspector Grade-II 1/5

vide order No. Se.Mu.Aa. No. 32252/itT.1/2016 (PA.A.Aa.No. 316/2016) dated 28.11.2016 passed by the third respondent as illegal. For Petitioner : Mr. M.Gnanasekar For Respondents : Mr. V.P.R.Elamparithi, Additional Government Pleader (for R1 & R3) Mr. Abrar md. Abdullah, Standing Counsel (for R2)

O R D E R

This Writ Petition is filed to declare the selection and appointment of the fourth respondent as Motor Vehicle Inspector Grade-II vide order No. Se.Mu.Aa. No. 32252/itT.1/2016 (PA.A.Aa.No. 316/2016) dated 28.11.2016 passed by the third respondent as illegal.

2. The petitioner applied for the post of Motor Vehicle Inspector Grade-II in the Notification dated 25.06.2012 issued by the second respondent. However, the petitioner was having been failed in the selection process. Now, the petitioner challenging the appointment of the fourth respondent as Motor Vehicle Inspector Grade-II on the ground that the 2/5

fourth respondent did not furnish any driving licence. The petitioner obtained information under the Right to Information Act and accordingly, no such licence was issued to the fourth respondent dated 18.08.2008 to drive the heavy vehicles.

3. On a perusal of records, it is seen that the petitioner filed this Writ Petition for declaration after a period of eight years from the date of appointment of the fourth respondent. If at all any false documents produced by the fourth respondent, the Appointing Authority will take care of the matter. However, the petitioner has no locus-standi to challenge the appointment of the fourth respondent.

4. In the result, this Writ Petition is dismissed. No costs. 08.07.2024 Index:Yes/No kv 3/5

To

1. The Secretary to Government, Home (Transport II-A) Department, Secretariat, Fort St. George, Chennai - 600 009.

2. The Secretary, Tamil Nadu Public Service Commission, T.N.P.S.C. Road, V.O.C. Nagar, Park Town, Chennai - 3.

3. The Transport Commissioner, Ezhilagam, Chepauk, Chennai - 600 005.

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G.K.ILANTHIRAIYAN, J.

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