Madras High CourtWP/2273/2016disposed of

J.Velu v. The Joint Director

2016-01-22Honourable Mr Justice K. Kalyanasundaram2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 22.01.2016

CORAM

THE HONOURABLE MR. JUSTICE K.KALYANASUNDARAM W.P. No.2273 of 2016 J.Velu .. Petitioner Vs.

The Joint Director [Administration], O/o.The Director General, Highways Department, Chepauk, Chennai - 600 005.

.. Respondent PRAYER : Writ Petition has been filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondent to consider and to permit him to participate in the interview scheduled between 18.01.2016 to 30.01.2016 for selection and appointment to the post of Junior Draughting Officer in the Highways Department on the basis of his application dated 14.11.2015, which was received by the office of the respondent on 17.11.2015 and consequently to select the petitioner to the said post.

For Petitioner : Mr.P.Ganesan for Mr.K.Premnaath For Respondent : Mr.V.Jayaprakash Narayanan Special Government Pleader

O R D E R

By consent, the Writ Petition is taken up for final disposal at the admission stage itself.

2.The case of the petitioner is that he belongs to Most Backward Community and he passed Diploma in Civil Engineering in April 1986 and registered his name in the District Employment Office, Salem. The petitioner would further state that on 03.08.2002, he met with an accident and sustained 40% disability. After obtaining Disability Certificate from the District Disabled Rehabilitation Centre, he registered the Disability Certificate also with the District Employment Office, Salem, on 05.09.2003. While so, the respondent has issued a notification dated 26.10.2015 for appointment to the post of Junior Draughting Officer. The petitioner submitted his application on 14.11.2015 to https://hcservices.ecourts.gov.in/hcservices/

the respondent. However, he was not called for an interview scheduled to be held between 18.01.2016 to 30.01.2016. Hence, he made a representation dated 12.01.2016 to the respondent. Since no order has been passed by the respondent, the present Writ Petition has been filed by the petitioner.

3.Heard the submissions of Mr.P.Ganesan, learned counsel appearing for the petitioner and Mr.V.Jayaprakash Narayanan, learned Special Government Pleader, who accepts notice on behalf of the respondent.

4.Learned counsel appearing for the petitioner submitted that the petitioner is a physically challenged person and therefore, there is no age limit for him to participate in the selection process.

5.Taking into consideration the submission of the learned counsel for the petitioner and after going through the materials available on records, this Court is of the view that the petitioner is eligible to participate in the selection process. Accordingly, the respondent is directed to allow the petitioner to participate in the selection process to the post of Junior Draughting Officer in Highways Department, if he is otherwise eligible. Till the decision is taken, the respondent shall keep one post vacant.

6.The Writ Petition is disposed of accordingly. Consequently, connected Miscellaneous Petition is closed. No costs. Sd/- Asst.Registrar (CCC) /true copy/ Sub Asst. Registrar sri To The Joint Director [Administration], O/o.The Director General, Highways Department, Chepauk, Chennai - 600 005.

1 cc to Mr.K. Premnaath, Advocate, Sr. 3842 1 cc to Government Pleader, Sr. 4087 W.P. No.2273 of 2016 PVR (CO) kk 25/1 https://hcservices.ecourts.gov.in/hcservices/