Madras High CourtWP(MD)/1646/2018allowed

N.Vijai Ashok v. The State Of Tamil Nadu

2018-03-01Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.03.2018

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.1646 of 2018 and WMP(MD)Nos.1744 & 1745 of 2018 N.Vijai Ashok ... Petitioner Vs.

1.The State of Tamil Nadu, Rep.by its Principal Secretary, St.George Fort, Chennai.

2.The Tamil Nadu Public Service Commission, Rep.by its Secretary, St.George Fort, Chennai - 600 003.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records of the impugned Notification No.22/2016 dated 25.11.2016 passed by the second respondent and quash the same as illegal and consequently direct the second respondent to appoint the petitioner for the post of Executive Officer in Grade IV. For petitioner : M/s.C.Arockia Selvi For respondents : Mr.M.Jeyakumar, Additional Government Pleader for R1 Mr.D.Sivaraman for R2

O R D E R

The petitioner was a candidate who took part in the selection process for the post of Executive Engineer IV included in Group VIII services. The petitioner questions the recruitment Notification No.22/2016 dated 25.11.2016. A number of grounds have been raised. But, the petitioner will have to be non suited for the simple reason that the challenge to the recruitment notification has been made after taking part in the selection process and after being unsuccessful in the selection.

2.As rightly pointed out by the learned standing counsel appearing for the respondent commission, as held by the Hon'ble Supreme Court in the decision reported in (2002) 6 SCC 127, (Chandra Prakash Tiwari V. Shakuntala Shukla), in the event a candidate appears at the interview and particapates therein, only because the result of the interview is not "palatable" to him, he cannot turn round.

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3.Therefore, this writ petition is dismissed. No costs. Consequently, connected miscellaneous petitions are also dismissed. Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar To The Principal Secretary to Government, State of Tamil Nadu, St.George Fort, Chennai.

+1cc to Special Government Pleader, SR.No. 52992 +1cc to M/S.D.Sivaraman, Advocate SR.No. 52192 +1cc to M/S.C.Arockia Selvi, Advocate SR.No. 52207 W.P (MD)No.1646 of 2018 and WMP(MD)Nos.1744 & 1745 of 2018 01.03.2018 skm JM/KKR/SAR 4/16.05.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/