The Deputy General Manager v. Branesh

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.02.2021

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA AND THE HONOURABLE MRS.JUSTICE S.KANNAMMAL and M.P(MD)No.3 of 2012 The Deputy General Manager, (Recruitment), Hindustan Aeronautics Limited (HAL), Corporate Office 15/1, Cubbon Road, P.B.No.5150, Bangalore - 560 001.

... Appellant/Respondent Vs.

M.Branesh ... Respondent/Petitioner Prayer: Writ Appeal filed under Clause 15 of the Letters Patent to set aside the order, dated 22.06.2011 made in W.P(MD)No.1158 of 2008 on the file of this Court.

Prayer in WP(MD). 1158/ 2008 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of mandamus, directing the respondent to consider the petitioners application under PWD category and furnish the status of the Interview held on 10/12/2007 and thus render justice. For Appellant : Mr.R.Aravindan For Respondent : Mr.R.Subramanian

JUDGMENT

(Judgment of the Court was delivered by PUSHPA SATHYANARAYANA,J.) This Writ Appeal is directed against the order, dated 22.06.2011 passed in W.P(MD)No.1158 of 2008.

2.Originally, the said Writ Petition was filed by the respondent/writ petitioner for a Writ of Mandamus, directing the appellant/respondent to consider his application under PWD category and furnish the status of the interview held on 10.12.2007. 1/3

3.The learned Single Judge, while considering the matter, had disposed of the same, directing the appellant to pass appropriate orders selecting and appointing the writ petitioner as a Management Trainee in Aeronautics Engineering within a period of eight weeks. Aggrieved by the said order, the above Writ Appeal has been preferred by the appellant.

4.The learned counsel appearing for the appellant would point out that the prayer in the Writ Petition itself is only to furnish the status of the interview held on 10.12.2007, whereas, the learned Single Judge had given a direction to appoint the writ petitioner as a Management Trainee, which is beyond the scope of the Writ Petition.

5.The learned counsel for the appellant also produced the list of persons, who were selected for the interview and who were selected after the interview. Even in the typed-set of papers produced by the appellant, the list of candidates, who were selected for the interview that was to be held on 10.12.2007, wherein, the writ petitioner's name was in Serial No.22. The learned counsel for the appellant also produced the name of the candidates who were selected as Management Trainees in Aeronautics Engineering, who attended the interview on 10.12.2007.

6.As results are already published and made known to the writ petitioner, the writ petitioner cannot seek any appointment as a Management Trainee. Hence, that portion of order of the learned Single Judge 'directing the authorities to appoint the writ petitioner as a Management Trainee in Aeronautics Engineering' is set aside. The prayer sought for in the Writ Petition, namely to furnish the status of the interview held on 10.12.2007, has already been published.

7.In the light of the above, the Writ Appeal is partly allowed. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar // True Copy // / /2021 Sub Assistant Registrar(CS) ps Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

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To The Deputy General Manager, (Recruitment), Hindustan Aeronautics Limited (HAL), Corporate Office 15/1, Cubbon Road, P.B.No.5150, Bangalore - 560 001.

+1 CC to M/s.R.SUBRAMANIAN, Advocate ( SR-6993[F] dated 24/02/2021 ) 23.02.2021 kvn(CO) KK(10.03.2021) 3P 3C 3/3