Mathiyazhagan.S v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.03.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P.No.35325 of 2023 Mathiyazhagan.S

...Petitioner

-Vs -

1. The Managing Director, Tamil Nadu State Transport Corporation (TNSTC), Villupuram.

2. The General Manager, Tamil Nadu State Transport Corporation (TNSTC), Villupuram.

3. The Assistant Manager (Recruitment) Tamil Nadu State Transport Corporation (TNSTC), Villupuram.

4. The Correspondent, Mount Carmel Mission, Matriculation Higher Secondary School, Mount Road, Carmel Nagar, Kallakurichi - 606 202.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the first to third

respondents to select and issue appointment order to the petitioner for the post of Conductor, based on the petitioner's representation dated 29.11.2023, within stipulated fixed by this Court. For Petitioner : Mr.D.Murugan For Respondents : Mr.R.Venkatesa Perumal Standing Counsel

ORDER

This writ petition has been filed for direction directing the respondents to select and appoint the petitioner in the post of Conductor. 2.

The petitioner's father, while he was being Conductor, died on 15.04.2022 due to ill health. The petitioner had applied for appointment on the compassionate ground on 02.08.2023. Accordingly, the petitioner was called for certificate verification on 03.11.2023. The petitioner had appeared for certificate verification and produced all the educational certificate along with no objection certificate from his family members. However, the petitioner was not selected and appointed in the post of Conductor on the ground that the petitioner had studied upto 10th standard in the non-recognized school and appeared privately and passed SSLC examination.

3.

The learned counsel appearing for the petitioner submitted that the petitioner was studied in the fourth respondent school from 20072012 in sixth standard to tenth standard. The fourth respondent school applied for recognization and the same was not considered for the academic year 2011-12. Therefore, the petitioner could not be able to write his tenth standard examination. As a result, he had written his examination privately and passed the tenth standard. 4.

Heard the learned counsel appearing on either side and perused the materials placed before this Court. 5.

As per CSR Rules, the qualification of the tenth standard should be through regular study for the post of conductor. The petitioner must have passed SSLC or the 10th standard with eligibility for admission to the Higher Secondary Course, from a recognized school in Tamil Nadu. Further, he must possess a valid conductor's licence, first aid certificate and public service badge.

6.

Admittedly, the petitioner studied in the unrecognized school

and he had written his SSLC examination privately. Therefore, the request made by the petitioner cannot be considered and the writ petition is devoid of merits and liable to be dismissed. 7.

Accordingly, the Writ Petition stands dismissed. Consequently, connected miscellaneous petition is closed. There shall be no orders as to costs.

14.03.2024 Index : Yes/No Speaking/Non Speaking order rts

To

1. The Managing Director, Tamil Nadu State Transport Corporation (TNSTC), Villupuram.

2. The General Manager, Tamil Nadu State Transport Corporation (TNSTC), Villupuram.

3. The Assistant Manager (Recruitment), Tamil Nadu State Transport Corporation (TNSTC), Villupuram.

4. The Correspondent, Mount Carmel Mission, Matriculation Higher Secondary School, Mount Road, Carmel Nagar, Kallakurichi - 606 202.

G.K.ILANTHIRAIYAN. J, rts and W.M.P.No.35325 of 2023 14.03.2024