Madras High CourtWP(MD)/3771/2014dismissed

P.Nirmala Devi v. Tamil Nadu Generation And

2020-11-03Honourable Mr Justice S.M. Subramaniam2 pages

W.P.(MD)No.3771 of 2014 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.11.2020

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD)No.3771 of 2014 and M.P(MD).Nos.1 and 2 of 2014 P.Nirmala Devi ... Petitioner Vs.

1.Tamil Nadu Generation and Distribution Corporation, Represented through its Chairman, No.800, Anna Salai, Chennai 2.

2.The Director of Technical Education, Government of Tamil Nadu, Guindy, Chennai.

3.The District Employment Officer, Virudhunagar District, Virudhunagar.

... Respondents PRAYER: Writ Petition under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the selection list of 829 numbers of Technical Assistant(EEE) by direct recruitment 2013-14 published by the 1st respondent and quash the same as arbitrary, illegal and violative of the constitutional mandate and consequently, directing the 1st respondent to refix the cut off mark awarded for the petitioner on the basis of the marks obtained by the petitioner in the V and VI semesters alone in her diploma course and include her name in the selection list.

For Petitioner : Mr.R.Aravindan For R1 : Mr.T.Sakthi Kumaran Standing Counsel For R2 and R3 : Mr.V.Anand Government Advocate

ORDER

The relief sought for in the present writ petition is to quash the selection list of 829 candidates for appointment to the post of Technical Assistant(EEE) by direct recruitment in the year 2013-14 and to direct the first respondent to refix the cut off mark awarded https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.3771 of 2014 for the petitioner.

2.Refixing the cut off marks cannot be granted by this Court in the writ petition. Cut off marks can be fixed based on the vacancies notified and based on the marks scored by the candidates, who appeared in the process of selection. Cut off marks may vary from category to category and further based on the Rule of Reservation. Thus, such a relief as such sought for to refix the cut off marks cannot be granted.

3.This apart, the petitioner secured 69.36 marks in the examination. The cut off marks fixed for MBC category is 73.01 for the appointment to the post of Technical Assistant(EEE). When the petitioner was unsuccessful and not secured the cut off marks for selection, there is no scope for considering the other grounds raised in the writ petition. The writ petitioner is not coming within the zone of consideration. Therefore, this writ petition deserves no further adjudication and accordingly, stands dismissed. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS-III) // True Copy // / /2020 Sub Assistant Registrar(CS) Ns To 1.The Director of Technical Education, Government of Tamil Nadu, Guindy, Chennai.

2.The District Employment Officer, Virudhunagar District, Virudhunagar.

+1 CC to M/s.T. SAKTHIKUMARAN, Advocate ( SR-21044[F] dated 04/11/2020 ) +1 CC to M/s.G.KASI NATHA DURAI, Advocate ( SR-82386[F] dated 20/08/2019 ) W.P.(MD)No.3771 of 2014 and M.P(MD).Nos.1 and 2 of 2014 03.11.2020 ARK(CO) TR(11.11.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2