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Madras High CourtWP/21592/2012dismissed

P.Vijay Arasu, B.E., v. The Chief Engineer

2017-12-15Honourable Mr Justice S.M. Subramaniam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.12.2017

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.21592 of 2012 P.Vijay Arasu,B.E Electrical Engineer, Doshi Developer, No.156,Poonamallee High Road, Kilpauk, Chennai-600 010.

... Petitioner Vs.

1.The Chief Engineer, Personnel, No.144, Anna Salai, 2.The Selection Committee, For A.E. (Electrical Engineers), No.144, Anna Salai, 3.The Assistant Director, Professional and Executive Employment, and training, Chennai.

... Respondents PRAYER:

Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 1st and 2nd respondents to consider the selection of the petitioner under the PRIORITY CLASS, to wit, Schedule Caste (Inter Caste Marriage) in accordance with the instructions contained in the List-1 with priority, issued by the Department of Employment and Training to the post of Assistant Engineer - Electrical and Electronics Engineering in the 1st respondent corporation.

For Petitioner : Mr.P.Chandrasekaran For Respondents: Mrs.R.Varalakshmi

O R D E R

The relief sought for in this writ petition is to direct the first and second respondents to consider the selection of the petitioner under the PRIORITY CLASS, to wit, Schedule Caste (Inter Caste Marriage) in accordance with the instructions contained in the List-1 with priority, issued by the Department of Employment and Training to the post of Assistant Engineer - Electrical and Electronics Engineering in the 1st respondent corporation.

2.The learned counsel appearing for the petitioner states that there is a typographical error in paragraph No.4 of the affidavit filed in support of the writ petition and that has been wrongly interpreted by the respondents in paragraph No.16 of the counter affidavit.

3.In view of the fact that the writ petitioner has participated in the process of selection under the Scheduled Caste (Inter Caste Marriage) priority, in that particular category the cut off marks for the post of Assistant Engineer - Electrical is 64.42. However, the petitioner has secured only 54.69 marks and the same is below the cut off marks for selection. This being the factual position, this Court is of the opinion that the writ petition deserves no further consideration for appointment to the post of Assistant Engineer. 4.The mistake of the typographical error cited by the learned counsel appearing for the petitioner is of no avail to the petitioner. In view of the fact that the writ petitioner has not secured the required cut off marks and not within the zone of consideration.

This being the factum of the case, no further consideration is required in this writ petition. 5.Accordingly, the writ petition stands dismissed. However, there shall be no order as to costs. Sd/- ASSISTANT REGISTRAR /TRUE COPY/ SUB ASSISTANT REGISTRAR To 1.The Chief Engineer, Personnel, No.

2.The Selection Committee, For A.E.(Electrical Engineers), No.144,Anna Salai, 3.The Assistant Director, Professional and Executive Employment, and training, Chennai.

+1 CC to Mrs.R.Varalakshmi Advocate SR.NO.90655 +1 CC to Mr. P.Chandrasekaran Advocate SR.NO.89541 W.P.No.21592 of 2012 VC (30/01/2018)