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Madras High CourtWP/22992/2019dismissed

Tamilarasan.M v. The Secretary,

2019-09-06Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :06.09.2019

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.NO.22992 OF 2019 AND WMP.NO.22646 OF 2019 Tamilarasan.M .. Petitioner vs 1.

The Secretary Government of Tamilnadu Environment and Forest Department Fort St.George, Chennai- 9.

2.

The Member Secretary Tamilnadu Forest Uniformed Services Recruitment Committee (TNFUSRC) Chennai- 600 015. .. Respondents Prayer:

The Writ Petition is filed under Article 226 of the Constitution of India praying to issue a writ, order or direction or any other appropriate writ in the nature of a Writ of Mandamus, directing the respondents herein to select the petitioner for the post of "Direct Recruitment to the post of Forest Guard with Driving Licence" (Advertisement No.1/2018 dated 06-10-2018 and Notification No.2) based on Final cut off marks published on 30.05.2019 pursuant to the cut off marks of the petitioner sent by the 2nd respondent through email on 20.06.2019 and pass orders.

For Petitioner : Mr.S.Periasamy For Respondents : Mr.M.Elumalai Government Advocate

O R D E R

With the consent of both the parties, the Writ Petition is taken up for final disposal at the stage of admission itself.

2. The petitioner has come forward with this Writ Petition seeking direction to the respondents herein to select the petitioner for the post of Forest Guard with Driving Licence, pursuant to Advertisement No.1/2018 dated 06-10-2018 and Notification No.2 for Direct Recruitment to the post of Forest Guard with Driving Licence based on Final cut off marks published on 30.05.2019 pursuant to the cut off marks of the petitioner sent by the 2nd respondent through email on 20.06.2019.

3. The case of the petitioner is that the petitioner completed his +2 course in the year 2005 and possessed valid driving licence in the year 2006. On 06.10.2018, the second respondent published a notification for 'Recruitment to the post of Forest Guard with Driving Licence'. The petitioner applied for the same and completed online examination on 11.12.2018. Thereafter, on 27.02.2019 the second respondent published a list of provisionally selected candidates for appointment of the said post, wherein selection of 59 candidates was made out of 152 vacancies and kept the remaining posts vacant. On 30.05.2019, the second respondent published the final cut of marks list for the provisionally selected candidate for appointment to the said post and the cut of mark fixed for MBC was 49.48.

Thus the petitioner was fully qualified but the respondent has not issued or called the petitioner for verification of marks for the said post, though the petitioner secured 50.12 marks. Thereafter, the petitioner sent representation on 5.07.2019 for seeking selection of the said post, and as against the inaction the present Writ Petition is filed.

4. The petitioner belonged to MBC/DC and applied for the post of Forest guard with Driving Licence and participated in the selection process and secured 50.12 marks. From a perusal of the list of cut off marks dated 30.05.2019 issued by respondent, it is seen that the petitioner has not secured the required marks in the category of ''Persons studied in the Tamil Medium (PSTM) and accordingly his name was not included in the provisionally selected candidates list published on 27.02.2019. In view of the above, this Court is not inclined to issue any direction, as prayed for. Accordingly, the Writ Petition is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar mrn

To 1.

The Secretary Government of Tamilnadu Environment and Forest Department Fort St.George, Chennai- 9.

2.

The Member Secretary Tamilnadu Forest Uniformed Services Recruitment Committee (TNFUSRC) Chennai- 600 015.

No.1, Jeenis Road, Panagal Maaligai, 8D-Floor, Saidapet, Chennai-15.

+1cc to the Special Government Pleader, S.R.No.77492 W.P.No.22992 of 2019 and WMP.No.22646 of 2019 PVS(CO) CS/06/12/2019