Mr.X.Thainese Arulraj v. State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.06.2019

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P[MD]No.6538 of 2013 and M.P.[MD]Nos.2 of 2013 & 1 of 2014 X.Thainese Arulraj : Petitioner Vs.

1. State of Tamil Nadu, Rep. by its Secretary, Department of Agriculture, Secretariat, Chennai.

2. The Director of Agriculture, O/o. Director of Agriculture, Chepauk, Chennai - 5.

: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order in Letter No.Ka.Ba.Ni.1/23741/2013 dated 26.03.2013 on the file of the second respondent and quash the same as illegal and consequently to direct the 2nd respondent to appoint the petitioner in the post of Assistant Agricultural Officer under the Disability Category with consequential benefits form the date of recruitment of the batch mates of the petitioner.

For Petitioner : Mr.T.Lajapathi Roy For Respondents : Mr.S.Dhayalan Government Advocate

O R D E R

The impugned order dated 26.03.2003 states that the writ petitioner had set out the claim that his case is to be considered for appointment to the post of Assistant Agricultural Officer on par with Mr.P.Sivakumar, who was appointed under the special category of differently-abled persons.

2.It is clarified that the writ petitioner had participated in the process of selection and secured 26 marks. But, the cut-off marks fixed for selection to the post of Assistant Agricultural Officer was 37. Thus, the writ petitioner was not within the zone https://hcservices.ecourts.gov.in/hcservices/

of consideration. When the writ petitioner has not even secured minimum marks and stood within the zone of consideration, question of comparing Mr.P.Sivakumar, for the purpose of selection would not arise at all. In view of the fact that the writ petitioner was unsuccessful in the process of selection, the relief sought for by the writ petitioner cannot be entertained. 3.The Writ Petition is dismissed, accordingly. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS) MR To

1. The Secretary, State of Tamil Nadu, Department of Agriculture, Secretariat, Chennai.

2. The Director of Agriculture, O/o. Director of Agriculture, Chepauk, Chennai - 5.

+ 1 CC TO Mr.T.Lajapathi Roy, ADVOCATE IN SR No.68114 + 1 CC to The Special Government Pleader SR.No.67882 W.P[MD]No.6538 of 2013 10.06.2019 KS(03.07.2019) 2 P 5 C https://hcservices.ecourts.gov.in/hcservices/