Madras High CourtWP(MD)/10413/2019disposed of

J.Aravind, v. The Chief Engineer(Personnel)

2019-04-27Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:27.04.2019

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD) No.10413 of 2019 and W.M.P.(MD)No.8008 of 2019 J.Aravind ... Petitioner vs.

The Chief Engineer (Personnel) TANGEDCO, 144, Anna Salai, Chennai - 2.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the respondent to follow the rule of reservation in accordance with law to prepare the selection list pursuant to the notification issued by the respondent vide Notification No.1/2018 dated 14.02.2018 and select the top 39 candidates in OC(G) Category regardless of their community and thereafter fill up the communal category by applying the rule of reservation in stricto senso within the period that may be stipulated by this Court.

For Petitioner : Mr.M.Ajmal Khan Senior Counsel for M/s.Ajmal Associates For Respondent : Mrs.S.Srimathy Special Government Pleader

ORDER

The Writ Petition is filed seeking a direction to the respondent to follow the rule of reservation in accordance with law to prepare the selection list pursuant to the notification issued by the respondent vide Notification No.1/2018 dated 14.02.2018 and select the top 39 candidates in OC(G) Category regardless of their community and thereafter fill up the communal category by applying the rule of reservation in stricto senso within the stipulated period to be fixed by this Court.

2. Heard the learned Senior Counsel for the petitioner and the learned Special Government Pleader, who takes notice for the respondent. By consent, the writ petition is taken up for disposal at the admission stage itself.

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3. The case of the petitioner is that the respondent issued notification dated 14.02.2018 inviting applications for appointment to the post of various department including to the post of Assistant Engineer. The petitioner applied to the said post. After written examination, he was also called for certificate verification. However, he was not received any order. Hence, he prays for the above said relief.

4. According to the learned Senior Counsel for the petitioner, the respondent Authorities failed to follow the rule of reservation, which has been strongly refuted by the learned Special Government Pleader appearing for the respondent.

5. Considering the facts and circumstances of the case and also having regard to the apprehension expressed by the learned Senior Counsel for the petitioner, the petitioner is directed to enclose a copy of the representation dated 20.04.2019 along with a copy of this order to the respondent authorities within a period of two weeks from the date of receipt of a copy of this order and on receipt of the same, the respondent authorities are directed to consider the same, on merits and in accordance with law, before finalization of the selection process, pursuant to the notification dated 14.02.2018.

6. The Writ Petition stands disposed of. No costs. Consequently, the connected Miscellaneous Petition is closed. Sd/- Assistant Registrar /TRUE COPY/ Sub Assistant Registrar(CS ) To The Chief Engineer (Personnel) TANGEDCO, 144, Anna Salai, Chennai - 2.

+1 CC to M/s.AJMAL ASSOCIATES, Advocate ( SR-63782[F] dated 29/04/2019 ) W.P(MD) No.10413 of 2019 and W.M.P.(MD)No.8008 of 2019 27.04.2019 CS: 15/05/2019/2P/3C https://hcservices.ecourts.gov.in/hcservices/