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Madras High CourtWP/25802/2010dismissed

The Tamilnadu Engineering v. State Of Tamilnadu

2017-11-22Honourable Mr Justice S.M. Subramaniam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.11.2017

CORAM

THE HON'BLE Mr. JUSTICE S.M.SUBRAMANIAM W.P.No.25802 of 2010 and M.P.No.1 of 2010 The Tamilnadu Engineering Association Represented by its Secretary (Organisation & Legal) Chepauk Chennai 600 005.

... Petitioner Vs 1.The State of Tamil Nadu Represented by the Secretary to Government Secretariat Chennai 600 009.

2.The Engineer - in - Chief (WRO) and Chief Engineer (General) Chepauk Chennai 600 005.

.. Respondents PRAYER: Writ Petition filed under Article 226 of The Constitution of India praying to issue a writ of mandamus, directing the respondents to adhere strictly to the statutory ratio of 3:1 between the graduate engineers and Diploma holders in the direct recruitment of Assistant Engineers/Junior engineers and fill up 221 vacancies through direct recruitment only from among the Diploma holders before March 2011. For Petitioner : Mr.S.Namasivayam For Respondents: Mr.A.Rajaperumal Additional Government Pleader

O R D E R

The relief sought for in this Writ Petition is for a direction, directing the respondents to adhere strictly to the statutory ratio of 3:1 between the graduate engineers and Diploma holders in the direct recruitment of Assistant Engineers/Junior engineers and fill up 221 vacancies through direct recruitment only from among the Diploma holders before March 2011.

2.The Writ Petition was filed pursuant to the invitation issued by the Tamil Nadu Public Service Commission through its Advertisement No.247 dated 14.07.2010. However, now after a lapse of about 7 years, the relief sought for cannot be granted in view of the fact that the selection process would have been completed by this time and if there is any violation of statutory rules in this regard, the petitioner is at liberty to approach the appropriate forum in a manner known to law. Further, the relief as such sought for in this Writ Petition cannot be granted and it is needless to state that the respondents are bound to follow the rules of ratio as prescribed in the recruitment rules. Thus, no further adjudication is needed in this Writ Petition.

3.Accordingly, this Writ Petition stands dismissed. However, there is order as to costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar gsa To 1.The Secretary to Government State of Tamil Nadu Secretariat Chennai 600 009.

2.The Engineer - in - Chief (WRO) and Chief Engineer (General) Chepauk Chennai 600 005.

+1 cc to Mr.S.Namasivayam Advocate sr 83079 +1 cc to Govt Pleader sr 83632 W.P.No.25802 of 2010 and M.P.No.1 of 2010 aa06/12/2017