Madras High CourtWP(MD)/15680/2014dismissed as infructuous

M.Ashok Kumar, v. The Controller Of Examination

2017-12-19Honourable Mrs Justice V.Bhavani Subbaroyan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :19.12.2017

CORAM:

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.15680 of 2014 and M.P(MD).Nos.1 & 2 of 2014 M.Ashok Kumar ... Petitioner Vs.

The Controller of Examination, State Recruitment Bureau for Co-operatives, N.V.Natarajan Maligai, 170,E.V.R.Periyar Salai Kelpauk, Chennai ... Respondent PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the respondent to consider the petitioner's representation dated 15.09.2014 and call for the petitioner for interview conducted by the respondent in schedule from 21.09.2014 to 28.09.2014 and consequently appointed the petitioner as assistant in any one the place.

For Petitioner : M/s.S.Durairaj (No appearance) For Respondent : Mr.V.Muruganantham Additional Government Pleader

ORDER

This petition has been filed to direct the respondent to consider the petitioner's representation dated 15.09.2014 and call for the petitioner for interview conducted by the respondent in schedule from 21.09.2014 to 28.09.2014 and consequently appoint the petitioner as assistant in any one the place. 2.The case of the petitioner is that the respondent herein called the application for direct recruitment for the post of Assistant in Co-operative Societies and the petitioner had applied for the said examination, which was held on 09.12.2012 and his registration Number is 12290081. The petitioner had secured 53 marks in the said examination. The respondent called the petitioner for the interview through his Official Memorandum No.03/SRB/2012 dated 07.01.2013 and the petitioner was interviewed on 30.01.

2013 at Tirunelveli District Co-operative Bank Ltd.,No.4D, Vannarapettai, Thiruvanathapuram Road, Tirunelveli. Though the petitioner has attended the said interview, the respondent did not published the result and the petitioner came to know that the said interview conducted by the respondent was cancelled.

3. Thereafter, the petitioner came to know that the respondent had conducted the interview for the post of Assistant through the

result of examination already conducted by the respondent on 09.12.2012 and the interview was commenced from 21.09.2014 to 28.09.2014, but the petitioner was not called for the interview by the respondent herein. The respondent had published the cut of marks for call for the interview and fixed 53 marks for MBC/DNC (T) to the said examination. He further submitted that the petitioner had secured 53 marks in the said examination and he was earlier called for the interview for the said post, but now the petitioner name was omitted by the respondent for interview conducted by him. Inspite of the representation sent to the respondent on 15.09.2014 through registered post to call the petitioner for the interview conducted by the respondent in the schedule from 21.09.2014 to 28.09.2014, there was no response from the respondent. Hence the petitioner prays before this Court to direct the respondent to call him for the interview for the post of Assistant.

4.The learned Additional Government Pleader appearing for the respondent has produced the letter dated 18.09.2014, wherein, the representation of the petitioner dated 15.09.2014 has been considered and the petitioner has been provisionally selected to attend the interview for the direct recruitment for the post of Assistant in Co-operative Institutions and the petitioner was requested to attend the interview scheduled on 28.09.2014 at 1.00 p.m at Tirunelveli District Central Co-operative Bank Ltd., 4D,Vannarpet, Tiruvananthapuram Road, Tirunelveli 627 003 without fail. The respondent has also produced the notice of interview to that effect, before this Court. 5.

The learned Additional Government Pleader further submitted that even though the authority has given opportunity to the petitioner to appear before the concerned authority, for the interview which was held on 28.09.2014, the petitioner did not attend the interview. Hence the question of appointing the petitioner as Assistant in any one of the places cannot be entertained and the prayer sought for in the Writ petition has become infractuous.

6.In the light of the above submissions, this Court is of the view that nothing survives for further adjudication in the writ petition. Hence, the Writ Petition is dismissed as infructuous. No costs. Consequently, the connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar

To The Controller of Examination, State Recruitment Bureau for Co-operatives, N.V.Natarajan Maligai, 170,E.V.R.Periyar Salai Kelpauk, Chennai.

+1cc to Spl.Government Pleader Sr.No.93815 MSA VB/JC/SAR2/22.03.2018/3P/3C W.P(MD)No.15680 of 2014 and M.P(MD).Nos.1 & 2 of 2014 19.12.2017