Madras High Court
Miss. V. Radha vs The Executive Director (Personnel) on 19 September, 2019
Author: M.Dhandapani
Bench: M.Dhandapani
W.P.No.27424 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :19.09.2019
CORAM
THE HON'BLE MR.JUSTICE M.DHANDAPANI
W.P.No.27424 of 2019
and
WMP.No.26885 of 2019
Miss. V. Radha
..Petitioner
vs
1. The Executive Director (Personnel),
Life Insurance Corporation of India,
Yogakshema Jeevan Bhima Marg,
Nariman Point, Mumbai – 400021.
2. The Selection Board Committee,
Life Insurance Corporation of India
Yogakshema Jeevan Bhima Marg,
Nariman Poin, Mumbai – 400021.
.. Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India praying
to issue a writ, order or direction more particularly a writ in the nature of Writ of
Mandamus thereby directing the respondents to select the petitioner in the cadre
of Assistant Administrative Officer (GENERALIST) as per the notification dated
02.03.2019 issued by the first respondent with the Biometric Process from other
fingers of the petitioner as claimed by the petitioner in the e-mail communication
dated 06.09.2019 in a time bound period.
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http://www.judis.nic.in
W.P.No.27424 of 2019
For Petitioner : Mr. K. Mohanamurali
For Respondents : Mr. C. K. Chandrasekaran
ORDER
The petitioner filed this Writ Petition seeking direction to direct the respondents to select the petitioner in the cadre of Assistant Administrative Officer (GENERALIST) as per the notification dated 02.03.2019 issued by the first respondent with the Biometric Process from other fingers of the petitioner as claimed by the petitioner in the e-mail communication dated 06.09.2019 in a time bound period.
2. The case of the petitioner is that petitioner participated in the selection process for the post of Assistant Administrative Officer (Generalist/IT/Chartered Accountant/Actuarial/Rajbhasha) in various centers in Tamil nadu circulated by the first respondent online publication dated 02.03.2019.
3. As the petitioner was a qualified candidate for the generalist category, has applied his online application on 09.03.2019 under the category of OBC. As per the schedule, the petitioner presented at 9.30 a.m before the Human 2/6 http://www.judis.nic.in W.P.No.27424 of 2019 Resouces Department of LIC and all his certificates were verified and the process was completed at 10.00 a.m. The Biometric process was not positive. The petitioner was directed to wait to complete the process of selection of other candidates of 09.30 a.m. Batch. There was delay in completion of Biometric process of 9:30 a.m. Batch and it went on till 2.00 p.m. Thereafter the 12:30 batch of candidates proceeded for Biometric process and the same went on till 06.30 p.m. On the request of the petitioner, he was directed to undergo the Biometric process at about 06.30 p.m. and the Biometric process of the petitioner's hand thumb finger matches only 20.56 % alone. The petitioner made several request to obtain the declaration and sought permission to attend the interview. But the same was refused by the committee who were incharge of HR at Zonal Office LIC, Anna Salai, Chennai.
4. Mr. K. Mohanamurali, learned counsel for the petitioner submitted that the petitioner came out successful upto the stage of interview. Further the Biometric process was not completed and he did not qualify in the Biometric Process. However, he draws the attention of this Court that in Clause 11 B,G and H, if one finger does not match in the Biometric Process, the officer incharge can capture other fingers. Accordingly without undergoing such process, simply rejecting the petitioner candidature is null and void, hence pray for allowing the Writ Petition.
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5. The learned counsel for the LIC Corporation would submit that even as per the Clause 11 G, if the primary finger (right thumb) to be captured is injured/ damaged, immediately notify the concerned authority in the test centre. In such cases impression of other fingers, toes etc may be captured. However, no certificate was produced with regard to the damaged finger or was not notified to the concerned authority. In view of the above and as per Clause 11 G, the petitioner is not entitled to claim the completion of selection process. Hence prays for dismissal of the Writ Petition.
6. This Court on perusal of the material available on record, which shows that petitioner appeared for Biometric verification on 05.09.2019 and his right hand thumb matches only 20.56% accordingly his candidature was rejected and this Court also perused the clause 11 G of the notification which reveals that if the primary finger (right thumb) to be captured is injured/damaged, immediately notify the concerned authority in the test centre. In such cases impression of other fingers, toes etc may be capture.
7. In view of the non compliance of the provisions, the petitioner is not entitled for selection and accordingly the Writ Petition stands dismissed. No 4/6 http://www.judis.nic.in W.P.No.27424 of 2019 costs. Consequently, connected Miscellaneous Petitions are closed.
19.09.2019 Index:Yes / No Internet: Yes / No Speaking / Non-Speaking order mrn
1. The Executive Director (Personnel), Life Insurance Corporation of India, Yogakshema Jeevan Bhima Marg, Nariman Point, Mumbai – 400021.
2. The Selection Board Committee, Life Insurance Corporation of India Yogakshema Jeevan Bhima Marg, Nariman Poin, Mumbai – 400021.
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