S.Sathya v. The Chief Engineer / Personal

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.11.2022

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM S.Sathiya ... Petitioner Vs.

1.The Chief Engineer / Personal, 8th Floor, Eastern Wing, NPKRR Maaligai, 144 Anna Salai, Chennai - 600 002.

2.The Chairman / TANGED CO, 8th Floor, Eastern Wing, NPKRR Maaligai, 144 Anna Salai, Chennai - 600 002.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 1st respondent to consider appointing the petitioner as Technical Assistant / Electrical - Electrical Engineering / Electrical and Electronics Engineering in TANGED CO under SCA women category and consider the representation dated 03.04.2019.

For Petitioner : Ms.L.Sweety For Mr.M.Nallathambi For Respondents : Mr.K.Raj Kumar [For TANGEDCO]

O R D E R

The relief sought for in the present writ petition is to direct the 1st respondent to consider the petitioner and appoint him to the post of Technical Assistant / Electrical - Electrical Engineering / Electrical and Electronics Engineering in TANGED CO under SCA women category and consider the representation dated 03.04.2019.

2. The petitioner participated in the process of selection for appointment to the post of Technical Assistant / Electrical. However, she was unsuccessful in the process of selection. In this regard, the petitioner made a representation to the authorities competent stating that the candidates, who scored lesser marks than that of the petitioner was appointed. However, the petitioner has not substantiated any such ground by furnishing the complete details regarding the selection nor challenged the process of selection.

3. The learned counsel for the respondents made a submission that the petitioner was not within the zone of consideration and therefore, not selected. An unsuccessful candidate cannot file a writ petition, seeking a direction to consider the representation and provide appointment. Such a prayer is untenable as the appointment can never be claimed as a matter of right.

4. If at all any illegality or irregularity in the process of selection is traced out, then the petitioner has to challenge the process of selection and in the present case, no such challenge has made and thus, the Writ Petition is devoid of merits and stands dismissed. No costs. 24.11.2022 Jeni Index : Yes Speaking order

To 1.The Chief Engineer / Personal, 8th Floor, Eastern Wing, NPKRR Maaligai, 144 Anna Salai, Chennai - 600 002.

2.The Chairman / TANGED CO, 8th Floor, Eastern Wing, NPKRR Maaligai, 144 Anna Salai, Chennai - 600 002.

S.M.SUBRAMANIAM, J.

Jeni 24.11.2022