Madras High CourtWP/7310/2014dismissed

K.Raja v. The Secretary

2018-12-13Honourable Mr Justice V. Bharathidasan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:13.12.2018

CORAM:

THE HON'BLE MR.JUSTICE V.BHARATHIDASAN W.P.No.7310 of 2014 and M.P.No. 1 of 2014 K.Raja ... Petitioner Vs.

1.The Secretary, Tamil Nadu Electricity Board, Anna Salai, Chennai - 600 002.

2. The Chief Engineer (Personnel) Tamill Nadu Electricity Board, Anna Salai, Chennai - 600 002 ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the respondents to consider the petitioner for appointment to the post of I.T.I. Helper (Trainee) under the S.C. Category and appoint him and confer all the consequential benefits. For Petitioner : Mr. Mr.P.Ganesan For Respondents : Mr. R.Varalakshmi, for R1 & R2

O R D E R

This writ petition has been filed seeking direction to the respondents to consider the petitioner for appointment to the post of I.T.I. Helper of the respondents Board.

2. The grievance of the petitioner is that he belongs to Scheduled Caste community. He has acquired National Trade Certificate from the Salem Polytechnic, and secured 82.71 % in the Certificate Course. Subsequently, the petitioner has also obtained Apprenticeship Certificate from the respondents Board and he undergone training for a period of one year. Thereafter, the respondents called for application for appointment to the post of I.T.I Helper and the petitioner also applied for the same. Even though the petitioner has secured 82.71% in the https://hcservices.ecourts.gov.in/hcservices/

National Trade Certificate , 124 persons, who secured lesser marks have been appointed to that post. Hence, the present writ petition has been filed

3. The respondents filed a counter affidavit stating that the selection cut off mark for the Scheduled Caste community is fixed at 78.45%, where as the petitioner had scored only 73.30%, less than the cut off mark and hence, he was not selected. The academic mark obtained by the petitioner was computed to 70.30% and the petitioner obtained only 3 % in the viva-voce and he totally secured 73.30% less than the cut off mark.

4. I have considered the rival submissions and perused the materials available on record.

5. As per the counter affidavit filed by the respondents, the cut off mark for the selection to the post of I.T.I. Helper for the Scheduled Caste candidates was fixed at 78.45%, where as the petitioner has secured only 73.30% and hence, he was not selected. The said fact was also not disputed by the petitioner. Since the petitioner secured less than the cut off mark, he is not entitled for selection to the said post. Hence, the relief sought for by the petitioner cannot be granted.

6. Accordingly, this writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar mrp To 1.The Secretary, Tamil Nadu Electricity Board, Anna Salai, Chennai - 600 002.

2.The Chief Engineer (Personnel) Tamill Nadu Electricity Board, Anna Salai, Chennai - 600 002 +1cc to Mr.M.Dhilipkumar, Advocate, S.R.No.80365 W.P.No.7310 of 2014 MG(CO) rrs 05/02/2019 https://hcservices.ecourts.gov.in/hcservices/