S. Sasikumar, v. The Chairman,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.08.2019
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD)Nos.3784 to 3786 of 2014 and M.P.(MD).Nos.1,1,1,2,2,2,3,3 and 3 of 2014 1.S.Sasikumar ... Petitioner in W.P.(MD).No.3784/14 2.T.Mani ... Petitioner in W.P.(MD).No.3785/14 3.K.Govindaraj ... Petitioner in W.P.(MD).No.3286/14 Vs.
1.The Chairman, Tamil Nadu Generation and Distribution Corporation Ltd., Chennai.
2.The Chief Engineer/Personnel, Tamil Nadu Generation and Distribution, Corporation Ltd., Chennai.
3.The Chief Engineer, Trichy Region, Tamil Nadu Generation and Distribution Corporation Ltd., Post Box No.704 Thennur, Trichy-620 020.
... Respondents COMMON PRAYER:
Writ Petitions under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the selection list of Helper (Trainee) by Direct Recruitment 2013-2014 in the Electricity Department published on 20.02.2014 in their official Website and quash the same in respect of selected candidates, who secured the marks less than the petitioners in WP(MD)No.3784&3785 of 2014 among the SC candidates and the petitioner in WP(MD)No.3786 of 2014 among the BCO candidates consequently direct the respondents to include the petitioners' name in the selected list for the post of Helper (Traninee) based on their Application Nos.16081, 16086 and 16106 respectively, dated 11.11.2013.
For Petitioner in all cases : Mr.P.Ganapathi Subramanian For R1 in all cases : Mr.G.Kasinathadurai For R2 & R3 in all cases : Mr.S.Dhayalan Government Advocate
COMMON ORDER The selection list for appointment to the post of Helper (Trainee) by direct recruitment in the Tamilnadu Electricity Board, is under challenge in the present repetition. 2.The main contention of the writ petitioner is that they were sponsored to undergo apprenticeship training with the Tamilnadu Electricity Board by the Director of Apprenticeship, under the provision of the Apprenticeship Act. The Electricity Board sponsored the candidates by giving preference to the persons, who had undergone apprenticeship training with the Board. However the selection which is under challenge was concluded, on the basis of an open competitive process and no preference was given for the apprenticeship candidates. Thus, the writ petitioners are constrained to move the present writ petitions. 3.
This Court is of the considered opinion that the apprenticeships are provided preference by various Government Organizations as well as by the Private Companies, based on the sponsorship made by the Director of apprenticeship under the provisions of the Apprenticeship Act. The very purpose and object of the Apprenticeship Act is to provide training to the candidates after acquiring qualification and mere registration with the Directorate of Apprenticeship Training or sponsoring the name for the apprenticeship training or completion of apprenticeship training would not confer any right to secure or claim appointment.
4.Apprenticeship training is a facility provided under the Central Act, in order to impart training to the qualified candidates, mere providing of the trainings would not be a ground to claim appointment. Apprenticeship trainings are provided based on the seniority by the Directorate of apprenticeship in Private Companies, Government Boards and Corporations. Thus, it is a chance and such a chance provided to the apprenticeship trainees cannot confer any legal right to secure public appointment. In the event of providing appointment based on the apprenticeship training, undoubtedly, the equality class enunciated in the constitution is violated.
5.Equal opportunity in public employment is a constitutional mandate. Only in the event of conducting an open competitive process, equal opportunity can be provided. Apprenticeship trainings are provided based on the registration of candidates, under the Apprenticeship Act. Thus, the open competitive process must be the method of recruitment, which is now being followed by the TamilNadu Electricity Board for all appointments. Under these circumstances, the grounds raised by the writ petitioners that they should be given preference as they have completed apprenticeship training in the Board cannot be accepted, all the
qualified persons must be provided with an opportunity to participate in the open competitive process and the writ petitioners are also entitled to participate in the said process along with all other qualified candidates. In the present case, the writ petitioners had participated, however, not selected. Having accepted the terms and conditions of the notifications and after participating in the process of selection, the condition stipulated in the notification cannot be challenged. The Supreme Court also held in many judgements that the candidates, who accepted the terms and conditions and participated in the process of selection and thereafter they cannot challenge those condition and such writ petitions cannot be entertained at all. They cannot approbate and reprobate.
This being the principles to be adopted, now, the writ petitioners cannot challenge the selection list after participation in the process of selection, even otherwise also, mere completion of apprenticeship training would not confer any right on the writ petitioners to claim appointment. This being the principles to be followed, there is no infirmity in respect of the procedure followed for selection to the post of Helper (trainee) in the TamilNadu Electricity Board. The writ petitioners have not established any acceptable legal grounds for the purpose of considering their relief as such sought for in the present writ petitions.
6.This apart, the selection was conducted in the year 2013-14 and the selected candidates were appointed and working for more than 5 and 1⁄2 years.
7.With the above direction, these Writ Petitions are dismissed. No costs. Consequently, the connected miscellaneous petitions are closed.
Sd/- Assistant Registrar (w) // True Copy // Sub Assistant Registrar(CS) To 1.The Chairman, Tamil Nadu Generation and Distribution Corporation Ltd., Chennai.
2.The Chief Engineer/Personnel, Tamil Nadu Generation and Distribution, Corporation Ltd., Chennai.
3.The Chief Engineer, Trichy Region, Tamil Nadu Generation and Distribution Corporation Ltd., Post Box No.704 Thennur, Trichy-620 020.
+1 CC to M/s.G.KASINATHA DURAI, Advocate ( SR-81737[F] dated 14/08/2019 ) ns W.P.(MD)Nos.3784 to 3786 of 2014 and M.P.(MD).Nos.1,1,1,2,2,2,3,3 and 3 of 2014 13.08.2019 KM/(10.09.2019) 4P 5C