Madras High Court
A.Sudharsanam vs Tamil Nadu Forest Department on 26 June, 2023
Author: G.R.Swaminathan
Bench: G.R.Swaminathan
W.P(MD)No.19798 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 26.06.2023
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P(MD)No.19798 of 2020
and
W.M.P(MD)Nos.16487, 16488 of 2020 & 5271 of 2021
A.Sudharsanam ... Petitioner
Vs
1.Tamil Nadu Forest Department,
Represented by its Principal Secretary,
St.George Fort,
Chennai.
2.The Principal Chief Conservator of Forest (HOD),
Panagal Maligai,
Saidapet,
Chennai.
3.The Member Secretary,
Tamil Nadu Forest Uniformed Service Recruitment Committee,
(TNFUSRC),
9th Floor, Panagal Maligai,
Saidapet,
Chennai.
4.The Chairman cum Principal Chief Conservator of Forest,
Arasu Rubber Corporation Limited (ARC),
Tamil Nadu Bio Diversity Green Project,
https://www.mhc.tn.gov.in/judis
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W.P(MD)No.19798 of 2020
Project Management Unit Office,
Nanmangalam,
Medavakkam Post,
Chennai.
5.The Managing Director cum Chief Conservator of Forest,
Arasu Rubber Corporation Limited (ARC),
No.75, Vadasery,
Nagercoil,
Kanyakumari District. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Certiorarified Mandamus, to call for the records
pertaining to the proceedings of fifth respondent in Na.Ka.No.P2/2717/18 dated
17.05.2018 and quash the same as erroneous and may direct the respondents
1 and 2 to declare petitioner's cadre as Forester and may regularize the same by
considering the time period worked in the Arasu Rubber Corporation as
deputation from Forest Department.
For Petitioner : Mr.K.P.Narayanakumar
for Mr.A.Balakrishnan
For Respondents : Mr.R.Baskaran
Additional Advocate General
Assisted by
Mr.K.S.Selvaganesan
Additional Government Pleader
for R.1 to R.3
Mr.A.K.Manikkam
Special Government Pleader
for R.4 & R.5
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W.P(MD)No.19798 of 2020
ORDER
Heard the learned counsel appearing for the writ petitioner, the learned Additional Advocate General assisted by the learned Additional Government Pleader appearing for the respondents 1 to 3 and the learned Special Government Pleader appearing for the respondents 4 and 5.
2. The third respondent issued recruitment notification dated 22.12.2014 calling for applications from eligible candidates for filling up the vacancies in the post of Forester in Tamil Nadu Forest Department (TNFD), Forester in Tamil Nadu Forest Plantation Corporation Limited (TAFCORN) and Field Assistant in Arasu Rubber Corporation Limited (ARC). The petitioner applied in response thereto. The petitioner was appointed as Field Assistant in Arasu Rubber Corporation Limited (ARC). Challenging his non-selection as Forester in Forest Department, the present writ petition came to be filed.
3. The learned Additional Advocate General submitted that cut off marks for selecting as Forester in Forest Department was 177.73. The petitioner has scored only 171 marks. Therefore, I am satisfied that non-appointment of the petitioner in the Forest Department is justified. https://www.mhc.tn.gov.in/judis 3/6 W.P(MD)No.19798 of 2020
4. As regards the post of Forester in Tamil Nadu Forest Plantation Corporation Limited (TAFCORN), totally four candidates belonging to MBC/DNC category were appointed. Three of them were scored above the petitioner. One Rajesh had scored 171 marks. That is on par with the petitioner. But he was born on 10.03.1984 while the petitioner was born on 24.10.1986. Since Rajesh was older, the petitioner could not be selected. I am satisfied that non-selection of the petitioner as Forester in Tamil Nadu Forest Plantation Corporation Limited (TAFCORN) is also justified.
5. This writ petition is dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.
26.06.2023
Index : Yes / No
Internet : Yes / No
NCC : Yes / No
MGA
To
1.The Principal Secretary,
Tamil Nadu Forest Department,
St.George Fort,
Chennai.
2.The Principal Chief Conservator of Forest (HOD), Panagal Maligai, Saidapet, Chennai.
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3.The Member Secretary, Tamil Nadu Forest Uniformed Service Recruitment Committee, (TNFUSRC), 9th Floor, Panagal Maligai, Saidapet, Chennai.
4.The Chairman cum Principal Chief Conservator of Forest, Arasu Rubber Corporation Limited (ARC), Tamil Nadu Bio Diversity Green Project, Project Management Unit Office, Nanmangalam, Medavakkam Post, Chennai.
5.The Managing Director cum Chief Conservator of Forest, Arasu Rubber Corporation Limited (ARC), No.75, Vadasery, Nagercoil, Kanyakumari District.
https://www.mhc.tn.gov.in/judis 5/6 W.P(MD)No.19798 of 2020 G.R.SWAMINATHAN, J.
MGA W.P(MD)No.19798 of 2020 and W.M.P(MD)Nos.16487, 16488 of 2020 & 5271 of 2021 26.06.2023 https://www.mhc.tn.gov.in/judis 6/6