A. Ashwin Paul v. Tamil Nadu Generation And

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.03.2023

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY and W.M.P.(MD).Nos.1519, 1520, 1521 and 1522 of 2016 W.P.(MD).No.1759 of 2016:

A.Ashwin Paul ... Petitioner Vs.

1.Tamil Nadu Generation and Distribution Corporation, Represented by its Chairman and Managing Director, ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, by calling for the entire records pertaining to the notification issued by the second respondent vide Notification No.01/2015 dated 28.12.2015 which meant for recruiting the Assistant Engineers (Electrical, Mechanical and Civil) and quash the same 1/5

insofar as it relates to clause 4(B) (iii) and consequently direct the second respondent to allow the petitioner to directly participate in viva-voce proceedings without insisting the petitioner to write written examination in connection with such selection process.

W.P.(MD).No.1760 of 2016:

S.Karthikeyan ... Petitioner Vs.

1.Tamil Nadu Generation and Distribution Corporation, Represented by its Chairman and Managing Director, ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, by calling for the entire records pertaining to the notification issued by the second respondent vide Notification No.01/2015 dated 28.12.2015 which meant for recruiting the Assistant Engineers (Electrical, Mechanical and Civil) and quash the same insofar as it relates to clause 4(B) (iii) and consequently direct the second respondent to allow the petitioner to directly participate in viva-voce proceedings without insisting the petitioner to write written examination in connection with such selection process.

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(In both Writ Petitions):

For Petitioner : Mr.R.Anand For Respondents : Mr.M.Parameswari, Standing Counsel.

COMMON ORDER The Writ Petitions have been filed challenging the notification dated 28.12.2015 with a consequential direction to allow the petitioners to directly participate in viva-voce proceedings without insisting the petitioners to write written examination in connection with such selection process.

2. The petitioners are trained apprentices. The claim of the petitioners cannot be entertained, since the recruitment procedures are common to all including apprentice. The only preference that has been granted to apprentices is that if marks are equal, the apprentices would be granted preference and not otherwise. Hence, this Court is not inclined to entertain this writ petition. Moreover, the petitioner had challenged the recruitment process which was conducted in the year 2015. Due to efflux of time, the Writ Petitions cannot be entertained.

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3. Hence the Writ Petitions are dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. 13.03.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No Nsr To 1.The Chairman and Managing Director, Tamil Nadu Generation and Distribution Corporation, 4/5

S.SRIMATHY, J.

Nsr 13.03.2023 5/5