Murukesan v. Tamilnadu Electricity Board
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06-11-2017
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.33895 of 2013 And M.P.1 of 2013 1.Murukesan 2.C.Vijayananth 3.P.Mathimugilan ..
Petitioners -vs1.Tamil Nadu Electricity Board Represented by its Chairman, 2.Tamil Nadu Generation and Distribution Corporation Ltd., Reprresented by its Managing Director, Head Quarters Complex, Administrative Branch, ..
Respondents Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the Official respondents to permit the writ petitioners to register their name in the Register and participate in the interview scheduled on 13th December 2013 for the purpose of selection of eligible Diploma Apprentices for the post of Technical Assistant/Electrical as the petitioners have successfully completed their apprentice training and consider the petitioners for regular appointment in any of the existing or immediate future vacancies in the post of Technical Assistant/ Electrical on the basis of their Apprenticeship Training and appoint the writ petitioners in preference to other eligible candidates.
For Petitioner - Mrs.Selvi George For Respondents - Mrs.R.Varalakshmi, Standing Counsel for TNEB.
ORDER
The relief sought for in this writ petition is for a direction to direct the Official respondents to consider the petitioners for regular appointment in any of the existing or
immediate future vacancies in the post of Technical Assistant/Electrical on the basis of their Apprenticeship Training.
2. This Court is of the view that a mere completion of the Apprenticeship Training, will not confer any right on the candidates to seek appointment. So also the appointment can never be claimed as a matter of right. Persons eligible have to undergo the process of selection for securing any public appointment. A mere completion of Apprenticeship Training alone will not confer any right. However, the employers are granting preference to the candidates, who have undergone Apprenticeship Training in their respective Organisations.
3. In this regard, this Court is of the opinion that the writ petitioners have completed their Apprenticeship Training with the respondent-Board. It is for the respondents to conduct the process of recruitment in accordance with the Service Rules in force. No appointment can be made in violation of the recruitment against the Rules in force and the Constitution of India requires that all public employments to be provided under the Constitutional Schemes by granting equal opportunity to all the eligible citizen of this Great Nation.
4. Under these circumstances, this Court is of the opinion that the respondents may consider the claim of the writ petitioners in accordance with the Rules. Accordingly, the second respondent is directed to consider the representation submitted by the writ petitioners on 12.9.2013 and pass orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order. The writ petitioners are directed to enclose the copy of the representation with all other related documents along with the order passed in this writ petition.
5. Accordingly, the writ petition stands disposed of. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar // True Copy// Sub Assistant Registrar Svn To 1.The Chairman, Tamil Nadu Electricity Board
2.The Managing Director, Tamil Nadu Generation and Distribution Corporation Ltd., Head Quarters Complex, Administrative Branch, WP 33895 of 2013 SR(CO) GN(24/11/2017)