A. Rajesh, v. The Chairman,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.11.2020
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and M.P.(MD)Nos.1 and 2 of 2014 A.Rajesh ... Petitioner -Vs1.The Chairman, Tamil Nadu Generation and Distribution Corporation Limited, 144, Annasalai, Chennai-600 002.
2.The Chief Engineer/Personnel, Tamil Nadu Generation and Distribution Corporation Limited, 144, Annasalai, Chennai-600 002.
3.The Superintending Engineer, Thanjavur E.D.Circle, TANGEDCO, No.1, Vallam Road, Thanjavur-613 001.
4.Saravanan ... Respondents [R4 impleaded vide order dated 18.03.2014 in M.P.(MD)No.3 of 2014] Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned Selection List 2013-2014 for the post of Assessor Grade-II published by the first respondent's official website on 23.02.2014 and quash the same in respect of the selected candidates to secure the lesser mark than the petitioner in S.C. Category, consequently directing the respondents to include the petitioner's name in the Selection List for the post of Assessor Grade-II based on the Application No.A2797.
For Petitioner : Mr.G.Karnan For R1 to R3 : Mr.T.Sakthikumaran Standing Counsel For R4 : Mr.G.Thiruvarutselvan 1/3
ORDER
The relief sought for in the present writ petition is to quash the Selection List of the year 2013-14 for appointment to the post of Assessor Grade-II in the respondents/Tamil Nadu Electricity Board.
2.The learned counsel appearing on behalf of the writ petitioner reiterated that the writ petitioner belongs to Scheduled Caste Community and entitled to avail the Inter-caste Marriage quota. In view of the fact that the candidates who scored lesser marks were appointed under the priority quota, the petitioner has chosen to file the present writ petition. The petitioner has impleaded only the fourth respondent, who was the candidate in the particular selection. However, it is brought to the notice of this Court that the fourth respondent is no more.
3.This apart, the learned Standing Counsel appearing on behalf of the respondents 1 to 3 relying on the counter statement contended that the case of the writ petitioner was considered under the SC Priority Inter-caste Marriage quota and he has not secured cut off marks. The petitioner has scored 56.66 marks in the selection process and the cut off mark fixed for SC Priority Intercaste Marriage quota are from 83.72 to 66.07. The petitioner has secured 56.66 marks. In fact, ten marks lesser than that of the cut off mark fixed. Thus, the petitioner was not even placed nearby the cut off mark and therefore, not within the zone of consideration. When the petitioner is not within the zone of consideration, the other grounds raised deserves no merit for consideration.
This apart, the selected candidates were not impleaded as party respondents and all those candidates were appointed in the year 2014 and working for the past more than six years, then, the writ petitioner is not within the zone of consideration. Thus, the relief as sought for in the writ petition cannot be granted. 4.Accordingly, the writ petition stands dismissed. No costs. Consequently, connected miscellaneous petitions are closed.
To 1)The Chairman, Tamil Nadu Generation and Distribution Corporation Limited, 144, Annasalai, Chennai-600 002.
2)The Chief Engineer/Personnel, Tamil Nadu Generation and Distribution Corporation Limited, 144, Annasalai, Chennai-600 002.
3)The Superintending Engineer, Thanjavur E.D.Circle, TANGEDCO, No.1, Vallam Road, Thanjavur-613 001.
+1 CC to Mr.T. SAKTHIKUMARAN, Advocate ( SR-21047[F] dated 04/11/2020 ) 04.11.2020 VB (23.11.2020) 3P 5C 3/3