Madras High CourtWP/9796/2020disposed of

Mr.Ramkumar.R v. The Chairman

2020-07-30Honourable Mr Justice S. Vaidyanathan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.07.2020

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P.No.9796 of 2020 and W.M.P.No.11913 of 2020 R.Ramkumar ... Petitioner vs.

The Chairman, Staff Selection Commission, Block No.12, CGO Complex, Lodhi Road, New Delhi - 110 003.

The Regional Director (SR), Staff Selection Commission, 2nd Floor, EVK Sampath Building, DPI Campus, College Road, Chennai, Tamil Nadu - 600 006.

The Regional Director (WR), Staff Selection Commission, 1st Floor, South Wing, Pratishtha Bhawan, 101, Maharshi Karve Road, Mumbai, Maharashtra - 400 020.

The Principal Secretary, Tamil Nadu Higher Education Department, 6th Floor, Namakkal Kavignar Maaligai, Fort St. George, Chennai - 600 009.

The Tamil Nadu State Council For Higher Education, Lady Willington College Campus, Kamarajar Salai, Triplicane, Chennai - 600 005.

... Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the 4th and 5th respondents to constitute Equivalent Committee to consider and pass appropriate orders based on the Petitioner's Representation dated 27.02.2020 bearing S.No.03795 vide C.No.3795/JI/2020 and email Representations dated 05.03.2020 and 07.07.2020, expeditiously and consequently direct the Respondents 1 to 3 to consider the Petitioner namely, Ram Kumar R bearing Roll No.8972002632 for the Selection Post Category No.WR11019 for the Job of Technical Officer under OBC category for further scrutiny, in respect of the petitioner herein.

For Petitioner :Mr.S.T.Bharath Gowtham For Respondents 1 to 3 :Mrs.Swarnalatha Reddy Central Govt. Standing Counsel For Respondents 4 & 5 :Mr.E.Manoharan, Special Government Pleader

O R D E R

Petitioner has come up with the present Writ Petition seeking a direction to the 4th and 5th respondents to constitute Equivalent Committee to consider and pass appropriate orders based on his representation dated 27.02.2020 bearing S.No.03795 vide C.No.3795/JI/2020 and reminders sent through e-mail dated 05.03.2020 and 07.07.2020, expeditiously and consequently, direct Respondents 1 to 3 to consider his candidature vide Roll No.8972002632 for the Selection Post Category No.WR11019 for the Job of Technical Officer under OBC category.

When the matter was taken up for hearing, it was represented by the learned Special Government Pleader appearing for Respondents 4 and 5 that, due to Nationwide Lockdown, the Equivalent Committee could not be convened and hence, the 4th and 5th Respondents were not able to pass necessary orders as mandated by Rules and Regulations. According to him, this Court cannot straightaway direct the 4th and 5th Respondents herein to issue Equivalent Certificate in favour of the Petitioner, while the same has to be considered by the Expert Committee.

Heard the learned counsel for the parties and perused the material documents available on record. Having regard to the submissions made by the learned counsel on either side and without going into the merits of the case, this Court directs the 4th and 5th Respondents to consider the Petitioner's representation dated 27.02.2020 with regard to issuance of Equivalent Certificate, if he is otherwise eligible for the Post, and pass appropriate orders on the same in accordance with law, after affording an opportunity of hearing, preferably within a period of two months from the date of receipt of a copy of this order. This Writ Petition is disposed of with the above direction. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS ) //True copy// Sub Assistant Registrar (aeb/jas)

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