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Madras High CourtWP/27409/2015disposed of

B.Gopalraju v. The Secretary,

2015-09-02Honourable Mr Justice M. Sathyanarayanan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.09.2015

CORAM

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN W.P.No.27409 of 2015 & M.P.No.1 of 2015 B.Gopalraju ... Petitioner Vs.

1. The Secretary Tamilnadu State Transport Corporation Ltd.

Tamilnadu Government , Chennai - 600 009.

2. The Secretary Tamilnadu Public Service Commission (TNPSC) Tamilnadu Government, Chennai - 600 002.

3. The Managing Director Tamilnadu State Transport Corporation Ltd.

No.37 Mettupalayam Road, Coimbatore - 43.

4. The General Manager Tamilnadu State Transport Corporation Ltd.

Erode- 02.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents 3 & 4 to appoint the petitioner for the post of conductor in the Transport Corporation by considering the petitioner's representation dated 14.01.2015 on merits and qualification. For Petitioner : Mr.MA.P.Thangavel For Respondents : Mr.V.Subbiah, Special Government Pleader for R1 & R2 Mr.S.Sairaman - for R3 and R4

O R D E R

By consent, the writ petition is taken up for final disposal.

2. The petitioner, who is hailing from poor family, states that with great hardship he has completed pre-university college at Tpanakahalli Government High School, Thalavadi during the year 1995-1996 and enrolled his name in the Employment Exchange at Erode in the year 1997 and it has been periodically renewed till this date. The petitioner has received a call letter from the office of the respondents 3 and 4 to attend the interview for the post of Bus Conductor, which was held at Pollachi Division as per the seniority list sponsored by the Employment Exchange, Erode. It is the claim of the petitioner that he has fulfilled all the criteria of requirement for the post of Conductor. However, his claim was rejected on the ground that he did not study Tamil in the school level as a major subject.

The petitioner was also advised to clear Group-II Tamil exam conducted by TNPSC. The petitioner has also cleared the same and thereby possessed qualification in Tamil in the year 2009. It is further stated by the petitioner that he has also studied B.A. Degree in Annamalai University through Tamil Medium and once again he has received a call letter during the year 2012 and accordingly, he appeared before the respondents 3 ad 4 and produced all the documents and once again his claim was rejected stating that he has not studied Tamil. The petitioner pointing out the infirmity in the decision process of respondents 3 and 4, submitted a representation dated 14.01.2015 to all the respondents and since no orders have been passed, came forward to file this writ petition.

3. Heard the submissions of learned counsel for the petitioner, Mr.V.Subbiah, learned Special Government Pleader, who accepts notice on behalf of respondents 1 and 2 and Mr.S.Sairaman, learned Standing Counsel for the respondents 3 and 4.

4. Though the petitioner prayed for a larger relief, this Court, in the light of the facts and circumstances and without going into the merits of the case, directs the respondents 2 to 4 to consider and dispose of the petitioner's representation dated 14.01.2015 and pass orders within a period of eight weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner.

This Writ Petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(L.A) //True Copy// Sub Assistant Registrar Rj To

1. The Secretary Tamilnadu State Transport Corporation Ltd.

Tamilnadu Government , Chennai - 600 009.

2. The Secretary Tamilnadu Public Service Commission (TNPSC) Tamilnadu Government, Chennai - 600 002.

3. The Managing Director Tamilnadu State Transport Corporation Ltd.

No.37 Mettupalayam Road, Coimbatore - 43.

4. The General Manager Tamilnadu State Transport Corporation Ltd.

Erode- 02.

+1cc to M/s.Ma.P.Thangavel, Advocate, S.R.No.47421 +1cc to Mr.S.Sairaman, Advocate, S.R.No.47018 +1cc to the Government Pleader, S.R.No.47635 W.P.No.27409 of 2015 & M.P.No.1 of 2015 KJI(CO) CA(25/09/2015)