Madras High Court
M.Bharanikumar vs The Government Of Tamilnadu on 19 February, 2021
W.P.No.750 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.02.2021
CORAM :
THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
W.P.No.750 of 2015
M.Bharanikumar .. Petitioner
-vs-
1.The Government of Tamilnadu,
rep. by its Secretary,
Transport Department,
Fort St. George,
Chennai - 9.
2.Metropolitan Transport Corporation Ltd.,
rep. by its Managing Director,
Pallavan Illam, Anna Salai,
Chenai - 2.
3.The General Manager,
Metropolitan Transport Corporation Ltd.,
Pallavan Illam, Anna Salai,
Chennai - 2. .. Respondents
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W.P.No.750 of 2015
Petition filed under Article 226 of the Constitution of India
praying for issue of Writ of Declaration, declaring that Rule 14(a), 16,
57 and 59 read with Appendix-I and II of the Common Service
Rules/General Rules of the 2nd respondent Corporation relating to
selection and appointments to various posts in their Corporation by
direct recruitment in so far as not specifically notifying the method and
procedures for selection and leaving it to the discretion of the Selection
Committee and making selections and appointments only based on the
oral interview, that too without framing and notifying any rules or
guidelines for the conduct of oral interview and the advertisements
given by them in Advertisement Nos.1, 2, 3, 4 and 5/MTC/2014 dated
2.11.2014 for filling up various posts by direct recruitment in the
existing vacancies only by holding oral interview based on the above
rules and making selection and appointment based on the same, as
illegal and unconstitutional and consequently direct the respondents to
make selection and appointments to all the posts which are to be filled
by direct recruitment either based on the marks obtained by the
candidates in the general and technical qualification prescribed for
each post or by holding a written examination based on a Syllabus and
question paper in commensurate with the qualifications prescribed for
each post through a recruitment agency to be appointed for this
purpose based on the ranking and merit in the writ Examinations, after
notifying the selection procedures to the candidates at the time of
calling for applications, itself.
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W.P.No.750 of 2015
For Petitioner : Mr.V.Ajoy Khose
For Respondents : Mr.G.K.Muthukumar
Spl. Government Pleader
for respondent No.1
: Mr.K.Moorthy
for respondent Nos.2 and 3
ORDER
(Order of the Court was made by Senthilkumar Ramamoorthy, J.)
Although certain rules of the Common Service Rules of the
second respondent Corporation are challenged in this writ petition, it is
submitted on behalf of the writ petitioner that the matter may be
disposed of in terms of the order passed in W.P.No.20290 of 2014
(J.Kovaisamy v. State of Tamil Nadu, rep. by its Secretary,
Employment and Training Department, Chennai-9 and others) dated
27.08.2014 as affirmed subject to a minor modification in
W.A.No.1737 of 2014 (The General Manager, Tamil Nadu Transport
Corporation (Chennai) Limited, Pallavan House, Chennai-2 v.
J.Kovaisamy and others) dated 20.06.2019.
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https://www.mhc.tn.gov.in/judis/
W.P.No.750 of 2015
2. Learned counsel appearing for the respondents agree that this
writ petition may be disposed of in terms of the orders passed in the
matters referred to above.
3. Accordingly, W.P.No.750 of 2015 is disposed of on the same
lines as W.P.No.20290 of 2014, dated 27.08.2014 as affirmed subject
to the minor modification in W.A.No.1737 of 2014, dated 20.06.2019.
The directions contained in paragraph 29 of the order in W.P.No.20290
of 2014, dated 27.08.2014 as modified by the directions in paragraphs
19 and 20 of the judgment in W.A.No.1737 of 2014 shall be
implemented within a period of three months from the date of receipt
of a copy of this order. There will be no order as to costs.
Consequently, M.P.No.1 of 2015 is closed.
(S.B., CJ.) (S.K.R., J.)
19.02.2021
Index : No
bbr
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W.P.No.750 of 2015
To:
1.The Secretary,
Government of Tamilnadu,
Transport Department,
Fort St. George,
Chennai - 9.
2.The Managing Director,
Metropolitan Transport Corporation Ltd.,
Pallavan Illam, Anna Salai,
Chenai - 2.
3.The General Manager,
Metropolitan Transport Corporation Ltd.,
Pallavan Illam, Anna Salai,
Chennai - 2.
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https://www.mhc.tn.gov.in/judis/
W.P.No.750 of 2015
THE HON'BLE CHIEF JUSTICE
AND
SENTHILKUMAR RAMAMOORTHY, J.
bbr
W.P.No.750 of 2015
19.02.2021
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