Madras High Court
The Chief Engineer (Personnel) vs N.Vasantha on 5 July, 2021
W.A.(MD)No.1260 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 05.07.2021
CORAM
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
AND
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD)No.1260 of 2021
and
CMP(MD).No.5288 of 2021
1. The Chief Engineer (Personnel),
Tamil Nadu Generation and Distribution
Corporation Limited,
Administrative Branch,
44, Anna Salai, Chennai 600 002.
2. The Senior Personnel Officer/Recruitment,
Tamil Nadu Generation and Distribution
Corporation Limited,
Administrative Branch,
44, Anna Salai, Chennai 600 002. ... Appellants/Respondents
Vs.
N.Vasantha
... Respondent/Writ Petitioner
Prayer: Writ Appeal filed under Clause 15 of Letters Patent, against the order of
this Court made in W.P.(MD) No.9040 of 2017, dated 18.09.2019.
For Appellants : Mr.Anand Gopalan
For Respondent : Mrs.M.Padmavathi
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W.A.(MD)No.1260 of 2021
JUDGMENT
[Judgment of the Court was delivered by T.S.SIVAGNANAM,J.]
Heard Mr.Anand Gopalan, learned counsel appearing for the
appellants and Mrs.M.Padmavathi, learned counsel, had appeared for the
respondents in the writ petition and therefore, the Court directed notice to be
served on the learned counsel and the learned counsel, on accepting the
directions issued by the Court, received papers and addressed the respondents
by a written communication, which was returned with the endorsement 'left'.
2. The appellant is the Tamil Nadu Generation and Distribution
Corporation Limited and they are aggrieved by order dated 18.09.2019 in W.P.
(MD) No.9040 of 2017. The said writ petition was filed by the respondent
praying for issuance of a Writ of Mandamus to award appropriate marks to the
writ petitioner in the interview conducted on 02.05.2017, for the post of Typist
and consider the case of the writ petitioner for appointment as Typist.
3. Admittedly, the selection process was completed in the year 2017
and the writ petition was filed in the year 2017 and from the material papers, we
find there is no interim orders. The respondent did not challenge her non-
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W.A.(MD)No.1260 of 2021
selection, but after the selection was over, she wanted appropriate marks to be
awarded to her in the oral interview.
4. The learned Single Bench opined that the appellants ought not to
have awarded zero mark to the respondent-writ petitioner, when other
candidates were awarded marks as high as ten marks. The Court took into
consideration her qualification that she possesses a Post Graduate Degree and
she has also technically qualified with Type Writing Higher in English and
Tamil and therefore, the Court presumed that she would not had badly in the
oral interview.
5. In our respectful view, the Court cannot assume facts that it is
required to test as to whether the prayer sought for can be granted on the
available material before the Court. Admittedly, after conclusion of the selection
process, a Writ of Mandamus cannot be issued to award marks for the oral
interview. That apart, now directing the appellants to award marks and select
her to the post is unworkable direction and cannot be granted, because, once
selection process is completed, directions cannot be issued to award marks and
redo the final selection list. That apart, the selected candidates or the short-
listed candidates were not made parties to the writ petitions. That apart, there is
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W.A.(MD)No.1260 of 2021
no allegation of mala fide or any procedural impropriety against the selection
committee.
6. Thus, for all the above reasons, the appellants are entitled to
succeed. Accordingly, this Writ Appeal is allowed and the writ petition is
dismissed. No costs. Consequently, connected miscellaneous petition is closed.
Index :Yes/No (T.S.S.,J.) (S.A.I.,J.)
Internet :Yes/No 05.07.2021
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Note: In view of the present lock down owing to
COVID-19 pandemic, a web copy of the order may be
utilized for official purposes, but, ensuring that the copy
of the order that is presented is the correct copy, shall
be the responsibility of the advocate/litigant concerned.
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W.A.(MD)No.1260 of 2021
T.S.SIVAGNANAM, J.
and
S.ANANTHI, J.
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W.A.(MD)No.1260 of 2021
05.07.2021
https://www.mhc.tn.gov.in/judis/
