Madras High Court
J.Samuel Stephen … vs Tamil Nadu Generation And Distribution ... on 12 August, 2022
Author: P.D. Audikesavalu
Bench: P.D. Audikesavalu
W.P. No. 37176 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.08.2022
CORAM
THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU
W.P. No. 37176 of 2016
and
W.M.P. No. 31927 of 2016
J.Samuel Stephen … Petitioner
-vs-
1. Tamil Nadu Generation and Distribution Corporation Limited
Represented by its chairman,
No. 800, mount Road,
Chennai – 600 002.
2. The Chief Engineer (Personnel),
Tamil Nadu Generation and Distribution Corporation Limited,
Saidapet, Chennai – 600 015.
3. The Superintending Engineer,
Tamil Nadu Generation and Distribution Corporation Limited,
Krishnagiri District. ... Respondents
Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950,
praying to issue a Writ of Mandamus, directing the Respondents herein to select
and appoint the Petitioner to the post of ITI Holder (Trainee) by taking into
consideration of the Petitioner's seniority in the employment exchange.
For Petitioner : Mrs. Dakshayani Reddy
For Respondents : Mr. P.Subramanian
https://www.mhc.tn.gov.in/judis
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W.P. No. 37176 of 2016
ORDER
Heard Mrs. Dakshayani Reddy, Learned Counsel for the Petitioner and Mr. P.Subramanian, Learned Counsel for the Respondents and perused the materials placed on record, apart from the pleadings of the parties.
2. The Writ Petition has been filed for directing the Respondents to appoint the Petitioner to the post of I.T.I .Holder (Trainee) by taking into consideration the seniority of the Petitioner in Employment Exchange.
3. The Second Respondent has filed Counter-Affidavit dated 12.08.2022 in which it has been explained as follows:-
“8. I respectfully submit that, as per the above proceedings, the Special Commissioner, Department of Employment and Training had been once again addressed to sponsor candidates for the Direct Recruitment to the post of ITI Helper (Trainee) by relaxing the upper age limit. Further along with the candidates sponsored by Employment Exchange the candidates those who have completed apprenticeship training in TANGEDCO and https://www.mhc.tn.gov.in/judis 2/8 W.P. No. 37176 of 2016 registered their name for the Direct Recruitment of ITI Helper (Trainee) were also for the interview as per the Hon'ble Supreme Court order in TNEB-Vs-Arul and others made in C.A. No. 5285-5328 of 1996 dated 03.10.1996.
9. I respectfully submit that the Hon'ble Supreme Court of India has clearly laid down that Apprentice/Trainees should go through the process of selection provided under the Service Regulations/ Rules. Keeping in view the fact that the apprentices acquire training under the same management, they are not required to sit in the written test but in a selection where vice-
voce test is also provided, it would be necessary for the apprentices to go through the process of viva-voce. This Court has specifically laid down that a trained apprentice should be given preference-other things being equal-over direct recruits and also clearly laid down the apprentice-trainees have no right to be appointed in preference to other applicants.
10. I respectfully submit that, the Petitioner prays to appoint him as ITI Helper (Trainee) based on his seniority in the https://www.mhc.tn.gov.in/judis 3/8 W.P. No. 37176 of 2016 Employment Exchange. In this regard I respectfully submit that, as per the Regulation 89 (d) (i) of TNEB Service Regulation, the method of appointment by Direct Recruitment is through Employment Exchange and the selection shall be made on the following method:-
(i) On the result of Written Examination (or)
(ii) Interview (or)
(iii) Based on the performance in the qualifying examination prescribed for the respective post (or)
(iv) By awarding marks for the performance in the qualifying Examingation (or)
(v) By combining any of the method as suitable.
11. I respectfully submit that, as per the above regulations, the selection for Direct Recruitment to the post of ITI Helper (Trainee) was made based on the Regulation 89 (d) (i) by combination of Interview and based on the performance in the qualifying examination (i.e., Marks obtained in ITI NTC/NAC) as follows:-
https://www.mhc.tn.gov.in/judis 4/8 W.P. No. 37176 of 2016
(a) Marks obtained in NTC/ NAC - 85%
(b) Viva-Voce Interview - 15%
12. I respectfully submit that, the interview for Direct Recruitment to the post of ITI Helper (Trainee) was held between November and December 2013, in which 15015 candidates were called for the interview, out of which 10728 candidates have attended the interview. On scrutiny, 10357 candidates were found to be eligible and 351 candidates were not eligible as they did not possess the required qualification of ITI Electrician or Wireman trade. As per the above merit of marks and as per the communal roster, 4000 ITI Helper (Trainee) were selected and orders of appointment to the selected candidates were issued vide memo dated 24.02.2014.
13. I respectfully submit that, the mark of last person selected under Backward Community (Non-Prioty) to the post of ITI Helper (Trainee) is 79.48%, whereas the Petitioner had secured only 64.17% which clearly shows that he has not even reached the zone of selection.
https://www.mhc.tn.gov.in/judis 5/8 W.P. No. 37176 of 2016 Qualifying examination marks in ITI trade = 68.43% out of 100% (i) Computed for 85% = 58.17% (ii) Viva-Voce interview 15% = 6% (+) ----------- Total = 64.17% -----------
14. I respectfully submit that, in the event of assuming that the Petitioner have obtained full marks in the interview (i.e., 15 marks), the Petitioner would only have obtained 73.17 marks in overall, which is much lesser than the mark of last selected under his category.” In view of the aforesaid explanation offered by the Second Respondent showing that the vacancies had been filled up after assessing the inter se merit of the competing candidates and the Petitioner had secured 64.17 marks as against the last selected candidate, who had secured 79.48 marks in Backward Class (General) category to which he belongs, he cannot claim for appointment as sought in this Writ Petition.
https://www.mhc.tn.gov.in/judis 6/8 W.P. No. 37176 of 2016 In fine, the Writ Petition is dismissed. Consequently, the connected Miscellaneous Petition is closed. No costs.
12.08.2022 skr Index: Yes/No Note: Issue order copy by 02.09.2022.
To
1. Tamil Nadu Generation and Distribution Corporation Limited Represented by its chairman, No. 800, mount Road, Chennai – 600 002.
2. The Chief Engineer (Personnel), Tamil Nadu Generation and Distribution Corporation Limited, Saidapet, Chennai – 600 015.
3. The Superintending Engineer, Tamil Nadu Generation and Distribution Corporation Limited, Krishnagiri District.
https://www.mhc.tn.gov.in/judis 7/8 W.P. No. 37176 of 2016 P.D. AUDIKESAVALU, J.
skr W.P. No. 37176 of 2016 12.08.2022 https://www.mhc.tn.gov.in/judis 8/8