S.Viswanathan v. The Chairman
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.06.2022
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM WRIT PETITION NO.5640 OF 2014 AND M.P.NOS.1 AND 2 OF 2014 S.Viswanathan S/o.K.Subramanian
...Petitioner
Vs.
1.The Chairman, Tamil Nadu Electricity Board, 144, Anna Salai, Chennai - 600 002.
2.The Chief Engineer (Personnel), Tamil Nadu Electricity Board, 144, Anna Salai, Chennai - 600 002.
3.The Director of Technical Education, Sardar Patel Road, Guindy, Chennai - 600 025.
...Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the first respondent to consider the petitioner for appointment to the post of Technical Assistant (Electrical) by taking into account only the average of the 5th and 6th semester marks, which was the basis for awarding Diploma by the third respondent.
For Petitioner :
Mr.V.Karthikeyan For Respondents :
Mr.P.Subramanian Standing Counsel [R1 & R2] Mr.M.Bindran, Additional Government Pleader [R3]
O R D E R
The relief sought for in the present writ petition is to direct the first respondent to consider the petitioner for appointment to the post of Technical Assistant (Electrical) by
taking into account only the average of the 5th and 6th semester marks, which were the basis for awarding Diploma by the third respondent.
2. The petitioner states that he is fully qualified for the post of Technical Assistant (Electrical). The notification was issued in June 2013. The selection is to be made based on the average marks secured in the 5th and 6th semester of the diploma course.
3. The petitioner states that he registered his name in the District Employment Exchange and he is fully eligible for appointment to the post of Technical Assistant (Electrical). However, the fact remains that the candidates undergone apprenticeship are not entitled to secure appointment based on such training. Now appointments are made through open competition process. During the relevant point of time, TANGEDCO is the authority for recruitment of Technical Assistants. Recruitment was made based on the selection process and therefore, the marks secured in the diploma course cannot form a base for appointment. The process of selection was conducted by fixing various criteria. Therefore, the petitioner, for the purpose of securing appointment, has to participate in the process of selection.
4. Appointments are to be made strictly in accordance with the rules in force. All eligible persons are entitled for equal opportunity to secure public employment. Merely based on the marks obtained in the diploma course, the petitioner cannot seek the relief of appointment by filing a writ petition. When the process of selection is contemplated, the petitioner has to participate in the process of selection for securing appointment. The learned counsel for the petitioner made a submission that the petitioner is over aged. However, the relief as such sought for cannot be granted. In respect of the issues raised in this writ petition, the Hon'ble Division Bench of this Court delivered a judgment in W.A.No.298/2016. Thus, the petitioner is not entitled for any relief.
Accordingly, this Writ Petition is dismissed. No costs. Consequently, the connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS-III) // True Copy // Sub Assistant Registrar gm
To 1.The Chairman, Tamil Nadu Electricity Board, 144, Anna Salai, Chennai - 600 002.
2.The Chief Engineer (Personnel), Tamil Nadu Electricity Board, 144, Anna Salai, Chennai - 600 002.
3.The Director of Technical Education, Sardar Patel Road, Guindy, Chennai - 600 025.
+1cc to Mr.P.Subramanian, Advocate Sr.No.34108 +1cc to the Government Pleader Sr.No.34584 Writ Petition No.5640 of 2014 VG-II(CO) RVM(17/06/2022)