R.Kuamresh Kumar v. The Tamilnadu Public Service Commission
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.06.2025
CORAM
THE HONOURABLE MR. JUSTICE C.KUMARAPPAN Writ Petition No.20483 of 2025 and W.M.P.Nos.23124 & 23125 of 2025 R.Kumaresh Kumar ... Petitioner ..Vs..
1.The Tamil Nadu Public Service Commission, Represented by its Secretary, TNPSC Road, V.O.C.Nagar, Park Town, Chennai - 600 001.
2.The Chairman-cum-Managing Director, Tamil Nadu Generation and Distribution Corporation Ltd., N.P.K.R.R. Maligai, No.144, Anna Salai, Chennai 600 002.
3.The Chief Engineer (Personnel) Tamil Nadu Generation and Distribution Corporation Ltd., N.P.K.R.R.Maligai, No.144, Anna Salai, Chennai - 600 002.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Certiorarified Mandamus to call for the records of the 1st respondent relating to the Addendum in Notification No.9D/2024 dated 1/8
13.02.2025 and consequential provisional selection list dated 22.05.2025 issued by the 1st respondent and quash the same as illegal and consequentially direct the 1st respondent to issue fresh recruitment notification to fill up the post of Assistant Engineer (Electrical) to the 2nd respondent Board. For Petitioners : Mr.K.Sasindran For Respondents : Mr.G.Hema, Standing Counsel for TNPSC for R1 Mr.K.Rajkumar, Standing Counsel for TANGEDCO For RR2 & 3
ORDER
The instant Writ Petition has been filed challenging the Notification issued on 13.02.2025.
2. The learned counsel appearing on behalf of the petitioner would submit that on 26.07.2024, the first respondent has issued Notification for various posts, in which the petitioner is concerned with Assistant Engineer, (Electrical) Public Works Department and Assistant Engineer (Electrical) HR & CE Board. On the date of Notification dated 26.07.2024, for the Public Works Department, 67 posts were notified for Assistant Engineer (Electrical). Similarly, for the HR & CE Board, 3 posts were notified for Assistant Engineer (Electrical).
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3. It is the grievance of the petitioner that all of sudden, after the period of 7 months, on 13.02.2025, the first respondent has included 195 posts of Assistant Engineer (Electrical) for the Tamil Nadu Power Distribution Corporation Limited. It is the further submission of the learned counsel for the petitioner that in the earlier Notification, there were no recruitment called for, for the Tamil Nadu Power Distribution Corporation Limited. Hence, his right to apply for the said post was deprived of.
4. At this juncture, the learned Standing Counsels appearing on behalf of the respondents would invite the attention of this Court in respect of Clause 3.1 and 3.2 of Notification dated 26.07.2024, which is extracted hereunder for convenience.
"3.1 The number of vacancies notified is tentative and is liable for modification, before the publication of the results of the examination. Whenever the vacancies are revised, the number of candidates selected for the successive stages will also be revised commensurately.
3.2 The Commission reserves the right to include additional posts with different nomenclature and having similar eligibility conditions, as announced in this notification."
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5. According to the above Notification, the learned Standing Counsel appearing for the first respondent would submit that they are well within their power to include additional posts with different nomenclature and having similar eligibility conditions and they are also well within their power to increase the number of candidates, whenever vacancies are revised. It is also the specific submission of the learned Standing Counsel that the petitioner has no locus standi as he neither applied for the post nor has challenged the earlier Notification, dated 26.07.2024. It is the further submission of the learned Standing Counsel that selection process has already been over and the petitioner is no way affected with any of the inclusion in the additional post as the first respondent has now notified 391 posts on 11.06.2025 for the Tamil Nadu Power Distribution Corporation Limited for the post of Assistant Engineer (Electrical) for which, the petitioner if otherwise eligible can apply for it.
6. I have given my anxious consideration on either side submissions.
7. The fundamental submissions made by the learned Standing Counsel is that the petitioner has no locus standi.
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8. Admittedly, the learned counsel for the petitioner would fairly submit that he did not apply for any posts called for in the Notification dated 26.07.2024.
9. As contended by the learned Standing Counsel, the Public Service Commission is competent enough to include additional posts as per the Notification dated 26.07.2024, which Notification has not been challenged in the present writ petition.
10. In such view of the matter, this Court do not find any merit in the present writ petition. Apart from that, as rightly contended by the learned Standing Counsel, if at all, the petitioner is willing to apply for the post of Assistant Engineer (Electrical) for the Tamil Nadu Power Distribution Corporation Limited, he can very well do so, as by virtue of Notification dated 11.06.2025, 391 posts have been notified. In such view of the matter, the present writ petition is devoid of merits.
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11. In the result, the Writ Petition is dismissed. No costs. Consequently, the connected miscellaneous petitions are also stand closed. 12.06.2025 ssi Index : Yes Speaking Order : Yes/No/ 6/8
To:
1.The Tamil Nadu Public Service Commission, Represented by its Secretary, TNPSC Road, V.O.C.Nagar, Park Town, Chennai - 600 001.
2.The Chairman-cum-Managing Director, Tamil Nadu Generation and Distribution Corporation Ltd., N.P.K.R.R. Maligai, No.144, Anna Salai, Chennai 600 002.
3.The Chief Engineer (Personnel) Tamil Nadu Generation and Distribution Corporation Ltd., N.P.K.R.R.Maligai, No.144, Anna Salai, Chennai - 600 002.
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C.KUMARAPPAN, J.
ssi W.P.No.20483 of 2025 12.06.2025 8/8