Madras High Court
S.Manivannan vs The Director/Commissioner on 6 June, 2017
Author: T.Raja
Bench: T.Raja
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.06.2017
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA
W.P.No.13888 of 2017
S.Manivannan .. Petitioner
-vs-
1. The Director/Commissioner
Directorate of Technical Education
Guindy, Chennai 600 025
2. The Vice Chancellor/The Chairman
Governing Council
Annamalai University
Muthiah Polytechnic College
Annamalainagar, Chidambaram
Cuddalore District 608 002
3. The Principal
Muthiah Polytechnic College
Annamalainagar, Chidambaram
Cuddalore District 608 002
4. V.Ravichandran .. Respondents
Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondents 1 & 2 to appoint the petitioner to the post of Junior Draughting Officer at the 3rd respondent Polytechnic based on his representations dated 09.12.2016, 09.01.2017, 17.01.2017, 28.01.2017, 09.03.2017, 21.03.2017.
For Petitioner :: Mr.S.Kumara Devan
For Respondents :: Mr.P.Sanjay Gandhi
Additional Government Pleader for R1
Mr.K.Sathishkumar for R2 & 3
ORDER
The petitioner has come to this Court seeking issuance of a writ of mandamus, directing the respondents 1 & 2 to appoint the petitioner to the post of Junior Draughting Officer in the third respondent Polytechnic based on his representations dated 09.12.2016, 09.01.2017, 17.01.2017, 28.01.2017, 09.03.2017, 21.03.2017.
2. The petitioner, having passed XII Standard during 1980, obtained the National Trade Certificate during 1983. Again he claims to have passed the National Apprenticeship Certificate examination during 1985. With these qualifications, he was appointed as a Lab Assistant in the third respondent Polytechnic on 13.6.90. Again, after passing the Diploma course in Electrical and Electronics Engineering (Part-time) on 2.12.94, he secured the B.E.Degree in Electrical and Electronics Engineering (Part-time) with First Class on 11.12.2002. Thereafter, the petitioner was appointed to the post of Workshop Instructor for the Foundry, Welding and Plumbing departments, as per the order of appointment dated 22.12.2014. In the meanwhile, the third respondent has published an advertisement bearing No.517/A1/2016 dated 14.10.2016 inviting applications from the eligible candidates-General Turn OC/BC/MBC&DC-SC/SCA/ST with Electrical and Electronics Engineering for the post of Junior Draughting Officer. Although the petitioner, the fourth respondent and other candidates attended the interview, the fourth respondent was finally selected. Therefore the grievance of the petitioner is that when the fourth respondent is five years junior to him in the service, by misusing his power, he got selected to the said post. Therefore, he made the representations aforementioned and as there was no response, he has come to this Court.
3. This Court is not able to find any justification for the petitioner to come to this Court seeking issuance of a mandamus to the respondents 1 & 2 to consider his representations. The reason is that when the petitioner has clearly admitted in the affidavit filed in support of the writ petition that the fourth respondent was already selected and appointed to the post of Junior Draughting Officer, without even challenging the correctness of the appointment order given to the fourth respondent, he cannot press the prayer sought for in the writ petition. Therefore, the writ petition fails and it is dismissed. No costs.
Speaking/Non speaking order 06.06.2017
Index : yes/no
ss
To
1. The Director/Commissioner
Directorate of Technical Education
Guindy
Chennai 600 025
2. The Vice Chancellor/The Chairman
Governing Council-Annamalai University
Muthiah Polytechnic College
Annamalainagar, Chidambaram
Cuddalore District 608 002
3. The Principal
Muthiah Polytechnic College
Annamalainagar, Chidambaram
Cuddalore District 608 002
T.RAJA, J.
ss
W.P.No.13888 of 2017
06.06.2017