R. Vignesh v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.09.2019
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI and W.M.P(MD)Nos.16537 & 16541 of 2019 R.Vignesh ... Petitioner vs.
1.The State of Tamil Nadu, Rep. by its Secretary, Forest Department, Fort St. George, Chennai.
2.The Principal Chief Conservator of Forests, (Head of Forest Force), Panagal Building, Saidapet, Chennai - 15.
3.The Tamil Nadu Forest Uniformed Services Recruitment Committee, Rep. by its Member Secretary, 8th Down Floor, Panagal Building, Saidapet, Chennai - 15.
4.The Chief Wild Life Warden, Panagal Building, Saidapet, Chennai - 15.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, to direct the respondents 1 to 4 to accommodate the petitioner either as Forest Guard or Forest Guard with driving licence in the available vacancies in the Kalakad Mundanthurai Tiger Reserve or any other vacancy available in the Tirunelveli District.
For Petitioner : Mr.T.Lajapathi Roy For RR 1 to 3 : Mr.V.R.Shanmuganathan, Special Government Pleader.
ORDER
This Writ Petition is filed seeking for a Writ of Mandamus, to direct the respondents 1 to 4 to accommodate the petitioner either as Forest Guard or Forest Guard with driving licence in the available vacancies in the Kalakad Mundanthurai Tiger Reserve or any 1/3
other vacancy available in the Tirunelveli District. 2.Mr.V.R.Shanmuganathan, learned Special Government Pleader accepts notice on behalf of the respondents 1 to 3. In view of the limited scope of the relief sought for in the present writ petition by the petitioner and no adverse order is going to be passed in the present writ petition against the fourth respondent, notice to the fourth respondent is dispensed with.
3.By consent of both parties, the main Writ Petition is taken up for final disposal at the stage of admission itself. 4.According to the petitioner, he participated in the selection process for the post of Forest Guard conducted during the year 20172018 and he obtained 41.97%. He belonged to backward community and the minimum marks for backward community was 30%. He was not called for interview. Out of 726 selected candidates, 227 Forest Guards and 93 Forest Guards with driving licence did not join in the said posts. The respondents are now taking steps to fill up the said vacancy by direct recruitment. In such circumstances, the petitioner has come up with the present Writ Petition.
5.Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents 1 to 3.
6.From the materials available on record, it is seen that the earlier selection process was over and the petitioner has not challenged the selection of the candidates. Further, he has not come out with the case that the persons, who have obtained lesser marks, were appointed in the selection process.
7.For the above stated reasons, the Writ Petition is dismissed. It is for the petitioner to participate in the selection process in future. No costs. Consequently, connected Miscellaneous Petitions are closed.
Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS) ps To 1.The Secretary, Rep. by the State of Tamil Nadu, Forest Department, Fort St. George, Chennai.
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2.The Principal Chief Conservator of Forests, (Head of Forest Force), Panagal Building, Saidapet, Chennai - 15.
3.The Tamil Nadu Forest Uniformed Services Recruitment Committee, Rep. by its Member Secretary, 8th Down Floor, Panagal Building, Saidapet, Chennai - 15.
4.The Chief Wild Life Warden, Panagal Building, Saidapet, Chennai - 15.
+1 CC to M/s.T.LAJAPATHI ROY, Advocate ( SR-87704[F] dated 19/09/2019 ) +1 CC to M/s.SPL GP ( SR-87908[F] dated 19/09/2019 ) 18.09.2019 KK/SAR/11.10.2019/3P-7C/ 3/3