Rengaraj.B v. The Executive Engineer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.12.2023

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR and W.M.P(MD)No.24134 of 2023 B.Rengaraj ... Petitioner Vs.

1.The Executive Engineer, Operation TNEB, Pratyur, Trichy.

2.The Assistant Executive Engineer, 230 KV Lines, TNEB, Trichy-620 001.

3.The Assistant Engineer, 230 KV Lined, TNEB, Trichy-620 001.

4.The Superintending Engineer, Metro/TEDC, Mannarpuram, Trichy-621 020.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents that there is no credibility to refer the petitioner's 8th standard certificate since the officials already valued the petitioner's 1/5

certificate and hence allow him to continue his work till his retirement work of 4 years to take necessary action regarding the petitioner's representation, dated on 17.11.2023.

For Petitioner : M/s.V.Jeya Rani For Respondents : M/s.M.Parameshwari Standing Counsel

ORDER

The present writ petition has been filed by a Driver working in the respondent Board seeking a Mandamus, not to refer the 8th standard certificate submitted by him for verification on the ground that the officials have already verified the same.

2. According to the learned counsel appearing for the petitioner, the petitioner had passed 8th standard by studying in V.O.C Middle School, East Chinthamani, Trichy in the year 1983-84 and at the time of his appointment on compassionate ground, he has already submitted the said 8th standard certificate. Therefore, there is no necessity for referring the same again for verification.

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3. Per contra, the learned Standing Counsel appearing for the respondent Board relying upon the report of the said school contended that as per the report of the Head Master of V.O.C Middle School, the petitioner had studied only up to 5th standard and therefore, some doubt has arisen with regard to the 8th standard pass certificate produced by the writ petitioner. The learned Standing Counsel for the respondents further contended that a charge memo has been issued to the writ petitioner on 21.11.2023 relating to the said issue.

4. The facts narrated above will clearly indicate that the respondent Board has entertained some doubts with regard to 8th standard pass certificate produced by the writ petitioner and they have also initiated departmental action. It is for the petitioner to submit his explanation and prove that the 8th standard certificate is a genuine one. Therefore, this Court cannot issue any mandamus directing the authorities not to verify the genuiness of the 8th standard certificate. The respondent authorities are directed to give due opportunity to the writ petitioner and pass orders on merits and in accordance with law. 3/5

5. With the above said observations, this Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.

04.12.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No gbg To 1.The Executive Engineer, Operation TNEB, Pratyur, Trichy.

2.The Assistant Executive Engineer, 230 KV Lines, TNEB, Trichy-620 001.

3.The Assistant Engineer, 230 KV Lined, TNEB, Trichy-620 001.

4.The Superintending Engineer, Metro/TEDC, Mannarpuram, Trichy-621 020.

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R.

VIJAYAKUMAR ,J.

gbg Order made in Dated:

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