Madras High CourtWP/26564/2015dismissed

S. Parthiban, v. The Asst. Director,

2017-09-04Honourable Mr Justice S.M. Subramaniam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04-09-2017

CORAM:

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM W.P.No.26564 of 2015 And M.P.No.1 of 2015 S.Parthiban ..

Petitioner vs.

The Assistant Director, District Employment Office, No.32, Kochapalayam Street, Chinna Kanchipuram, Kanchipuram-600 501.

Respondent This Writ Petition is filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order in Ref.No.A3/1501/2014 dated 2.3.2015 and quash the same, consequentially direct the respondent to sponsor the petitioner's name to the post of Conductor to the State Transport Corporation or to any other post, for which the petitioner is qualified, for the forthcoming selection, by giving age relaxation.

For Petitioner : Mr.R.Neelakandan For Respondent : Mr.R.S.Selvam, Government Advocate.

O R D E R

The relief sought for in this writ petition is challenging the order of rejection dated 2.3.2015 and for a direction to the respondent to

sponsor the name of the writ petitioner for appointment to the post of Conductor in the State Transport Corporation.

2. On perusal of the order impugned, it is stated that the District Employment Exchange informed that the Conductor License was registered on 8.11.2001. Further, the writ petitioner has completed his 43 years of age and the age limit prescribed for appointment to the post of Conductor in the Transport Corporation is 40 years. Therefore, the District Employment Exchange was unable to sponsor the name of the writ petitioner for recruitment to the post of Conductor in the State Transport Corporation.

3. When the District Employment Exchange has categorically informed the fact that the age limit prescribed, as per the Service Conditions of the State Transport Corporation, for appointment to the post of Conductor is 40 years and the writ petitioner has already crossed 43 years, there is no question of sponsoring the name of the writ petitioner for appointment to the post of Conductor in the State Transport Corporation. Relaxation of age can never be claimed as a matter of right and this Court cannot issue any such direction, granting age relaxation to the writ petitioner, so as to secure appointment in Public Sector undertakings/Corporations or with the Government.

4. In this view of the mater, the grounds raised in this writ petition, cannot be considered by this Court. Accordingly, the writ petition stands dismissed. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is also dismissed. 04-09-2017 Speaking Order/Non-Speaking Order.

Index : Yes/No.

Internet : Yes/No.

Svn To The Assistant Director, District Employment Office, No.32, Kochapalayam Street, Chinna Kanchipuram, Kanchipuram-600 501.

S.M.SUBRAMANIAM, J.

Svn WP No.26564 of 2015 04-09-2017