Madras High CourtWP(MD)/19798/2020dismissed

Sudharsanam.A v. Tamil Nadu Forest Department

2023-06-26Honourable Mr Justice G.R.Swaminathan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.06.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P(MD)Nos.16487, 16488 of 2020 & 5271 of 2021 A.Sudharsanam ... Petitioner Vs 1.Tamil Nadu Forest Department, Represented by its Principal Secretary, St.George Fort, 2.The Principal Chief Conservator of Forest (HOD), Panagal Maligai, 3.The Member Secretary, Tamil Nadu Forest Uniformed Service Recruitment Committee, (TNFUSRC), 9th Floor, Panagal Maligai, 4.The Chairman cum Principal Chief Conservator of Forest, Tamil Nadu Bio Diversity Green Project, 1/6

Project Management Unit Office, Nanmangalam, Medavakkam Post, 5.The Managing Director cum Chief Conservator of Forest, No.75, Vadasery, Nagercoil, Kanyakumari District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the proceedings of fifth respondent in Na.Ka.No.P2/2717/18 dated 17.05.2018 and quash the same as erroneous and may direct the respondents 1 and 2 to declare petitioner's cadre as Forester and may regularize the same by considering the time period worked in the Arasu Rubber Corporation as deputation from Forest Department.

For Petitioner : Mr.K.P.Narayanakumar for Mr.A.Balakrishnan For Respondents : Mr.R.Baskaran Additional Advocate General Assisted by Mr.K.S.Selvaganesan Additional Government Pleader for R.1 to R.3 Mr.A.K.Manikkam Special Government Pleader for R.4 & R.5 2/6

ORDER

Heard the learned counsel appearing for the writ petitioner, the learned Additional Advocate General assisted by the learned Additional Government Pleader appearing for the respondents 1 to 3 and the learned Special Government Pleader appearing for the respondents 4 and 5.

2. The third respondent issued recruitment notification dated 22.12.2014 calling for applications from eligible candidates for filling up the vacancies in the post of Forester in Tamil Nadu Forest Department (TNFD), Forester in Tamil Nadu Forest Plantation Corporation Limited (TAFCORN) and Field Assistant in Arasu Rubber Corporation Limited (ARC). The petitioner applied in response thereto. The petitioner was appointed as Field Assistant in Arasu Rubber Corporation Limited (ARC). Challenging his non-selection as Forester in Forest Department, the present writ petition came to be filed.

3. The learned Additional Advocate General submitted that cut off marks for selecting as Forester in Forest Department was 177.73. The petitioner has scored only 171 marks. Therefore, I am satisfied that non-appointment of the petitioner in the Forest Department is justified. 3/6

4. As regards the post of Forester in Tamil Nadu Forest Plantation Corporation Limited (TAFCORN), totally four candidates belonging to MBC/DNC category were appointed. Three of them were scored above the petitioner. One Rajesh had scored 171 marks. That is on par with the petitioner. But he was born on 10.03.1984 while the petitioner was born on 24.10.1986. Since Rajesh was older, the petitioner could not be selected. I am satisfied that non-selection of the petitioner as Forester in Tamil Nadu Forest Plantation Corporation Limited (TAFCORN) is also justified.

5. This writ petition is dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. 26.06.2023 Index : Yes / No Internet : Yes / No NCC : Yes / No MGA To 1.The Principal Secretary, Tamil Nadu Forest Department, St.George Fort, 2.The Principal Chief Conservator of Forest (HOD), Panagal Maligai, 4/6

3.The Member Secretary, Tamil Nadu Forest Uniformed Service Recruitment Committee, (TNFUSRC), 9th Floor, Panagal Maligai, 4.The Chairman cum Principal Chief Conservator of Forest, Tamil Nadu Bio Diversity Green Project, Project Management Unit Office, Nanmangalam, Medavakkam Post, 5.The Managing Director cum Chief Conservator of Forest, No.75, Vadasery, Nagercoil, Kanyakumari District.

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G.R.SWAMINATHAN, J.

MGA and W.M.P(MD)Nos.16487, 16488 of 2020 & 5271 of 2021 26.06.2023 6/6