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Madras High CourtWP/1198/2018allowed

M.S.Udhaya, v. The State Of Tamil Nadu,

2018-03-14Honourable Mr Justice T.Raja3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.03.2018

CORAM

THE HON'BLE MR.JUSTICE T.RAJA W.P.No.1198 of 2018 and WMP.Nos.1497 to 1499 of 2018 M.S.Udhaya ...

Petitioner Vs.

1.The State of Tamil Nadu, Rep. By its Secretary to Government, Energy Department, Fort St.George, Chennai-600 009.

2.The Tamil Nadu General Distribution Corporation Rep. By its Chairman, No.144, Anna Salai, Chennai-2.

3.The Senior Personal Officer, No.144, Anna Salai, Chennai-2.

4.R.Premalatha 5.A.Sarasal 6.S.Sophia 7.R.Muthulakshmi 8.J.Ponselvi 9.J.Ramya 10.S.Ananthi 11.P.Banumathi 12.S.Rajalakshmi 13.M.Santhoshini ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned Selection List dated 29.12.2017 issued by the second respondent, quash the same and further direct the respondents 1 to 3 to select the petitioner for the "Field Assistant Trainee Post". For Petitioner : M/s.V.Ravi For Respondents : Mr.V.Jayaprakash Narayanan, Special Government Pleader for R1 Mr.P.R.Dhilip Kumar Standing Counsel for R2 and R3

O R D E R

This Writ Petition is directed against the impugned order issued by the second respondent dated 29.12.2017, downloaded from the website www.tangedco.directrecruitment showing the selection list of candidates for direct recruitment to the post of Field Assistant (Trainee) 2016-2017, as per communal roster, quash the same and further directing the respondents 1 to 3 to select the petitioner for the post of "Field Assistant Trainee".

2. This Court has granted adjournments on five occasions viz., on 19.01.2018, 02.02.2018, 12.02.2018, 27.02.2018 and 28.02.2018, for the respondents to file counter, but till date it is not known why the respondents have not filed counter, may be for the reason that they are not interesting in contesting the matter for the mistake which they were not able to explain before this Court. This Court has passed the following order on 02.02.2018:

"Mr.P.R.Dhilip Kumar takes notice for the 2nd respondent.

The petitioner has secured 13.98 marks whereas the following candidates have secured less than the marks secured by the petitioner, but they were accommodated seats.

(1)R.Premalatha R4 31.84 (2)A.Sarasal R5 31.45 (3)S.Sophia R6 30.53 (4)S.Muthulakshmi R7 29.72 (5)J.Ponselvi R8 29.56 (6)J.Ramya R9 28.99 (7)S.Ananthi R10 28.03 (8)P.Banumathi R11 27.95 (9)S.Rajalakshmi R12 27.71

(10) M.Santhoshini R13 27.62 Therefore, the respondents 1 to 3 are directed to keep one post vacant until further orders.

Post the matter on 06.02.2018 immediately after admission. Notice to R1, R3 to R13."

3. In view of the fact that the respondents have not filed their counter affidavits, I find that the interim order passed by this Court on 02.02.2018 needs to be upheld.

4. Accordingly, this Writ Petition stands allowed and the respondents 1 to 3 are directed to pass appropriate orders appointing the petitioner to the post of "Filed Assistant

Trainee" within a period of two weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar jvm To 1.The Secretary to Government, The State of Tamil Nadu, Energy Department, Fort St.George, Chennai-600 009.

2.The Chairman, The Tamil Nadu General Distribution Corporation No.144, Anna Salai, Chennai-2.

3.The Senior Personal Officer, No.144, Anna Salai, Chennai-2.

+1cc to Mr.V.Ravi, Advocate, S.R.No.19789 +1cc to Mr.P.R.Dhilip Kumar, Advocate, S.R.No.19545 W.P.No.1198 of 2018 GJ(CO) RRK(23/03/2018)