Madras High Court
Y.Kadhar Hussan vs The Chairman Cum Managing Director on 26 April, 2017
Author: T.Raja
Bench: T.Raja
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.04.2017
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA
W.P.No.6564 of 2017
and
W.M.P.Nos.7059 & 7060 of 2017
Y.Kadhar Hussan ... Petitioner
v.
1.The Chairman Cum Managing Director
Tamil nadu Generation and Distribution
Corporation Limited, (TANGEDCO),
New No.144, Anna Salai,
Chennai- 600 002.
2.Chief Engineer (Personnel),
Tamil nadu Generation and Distribution,
Corporation Limited, (TANGEDCO),
New No.144, Anna Salai,
Chennai- 600 002. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of mandamus, directing the 2nd respondent to permit the petitioner to participate in personal interview for the post Assistant Engineer and consequently select him as Assistant Engineer and pass such other order or directions.
For Petitioner : Mr.N.G.R.Prasad
For Respondents : Mrs.R.Varalakshmi
ORDER
This Court, earlier, by order dated 16.03.2017 in this writ petition, in paragraph No.5, has passed the following order:-
5. Prima-facie, this Court is able to see that the petitioner has secured 47.333 marks out of 85 marks. It is also seen that they have fixed the cut off marks for the General Turn category as 46 marks, therefore, the petitioner, who is belonging to the BC (Muslim) category, can participate in the interview, hence, on this score, the petitioner is permitted to attend the interview today, which would be over by 4.30 pm. Learned Standing Counsel for respondents as well as one MR.Kumar, Legal Assistant of the respondent Department, are directed to communicate this order immediately to the Selection Committee, so as to ensure the participation of interview of the petitioner by today itself. It is made clear that his participation in the interview will not confer any right of appointment nor he can claim equality at the time of final hearing. Needless to mention that the above said direction is subject to the result of the writ petition.
2.Today, when the matter was taken up for hearing, Mr.N.G.R.Prasad, learned counsel for the petitioner referring to page No.8 of the additional typed set of papers, would submit that under both priority and non priority category a candidate namely, Salma Bee.M, in priority category and Sugavaneshwari.P., belonging to non priority category having secured 58.705 which is more than the mark secured by the petitioner, were appointed whereas the respondents have not come forward to issue appointment order. While passing the interim order on 16.03.2017, the same was not brought to the knowledge of this Court that the petitioner secured less marks than the selected candidates.
3.In view of the above position, the writ petition is dismissed. No costs. Consequently, connected miscellaneous petitions are closed.
26.04.2017
Speaking Order / Non-speaking Order
Index : Yes/No
Jbm
To
1.The Chairman Cum Managing Director
Tamil nadu Generation and Distribution
Corporation Limited, (TANGEDCO),
New No.144, Anna Salai,
Chennai- 600 002.
2.Chief Engineer (Personnel),
Tamil nadu Generation and Distribution,
Corporation Limited, (TANGEDCO),
New No.144, Anna Salai,
Chennai- 600 002.
T.RAJA, J.
jbm
W.P.No.6564 of 2017
and
W.M.P.Nos.7059 & 7060 of 2017
26.04.2017
http://www.judis.nic.in