Madras High Court
A.Balakrishnan vs The State Of Tamil Nadu on 7 December, 2023
Author: S.M.Subramaniam
Bench: S.M.Subramaniam
W.A.(MD)No.1676 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 07.12.2023
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
AND
THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN
W.A.(MD)No.1676 of 2018
and C.M.P.(MD) Nos.12295 & 12296 of 2018 and 3901 of 2021
A.Balakrishnan ... Appellant/Writ Petitioner
Vs.
1.The State of Tamil Nadu,
Rep. by its Secretary,
Labour and Employment Department,
Fort St. George, Chennai – 09.
2.The Director,
The Directorate of Employment and Training,
“Training Wing”, Guindy,
Chennai – 600 032. ...Respondents/Respondents
PRAYER:- Writ Appeal filed under Clause 15 of Letters Patent Act, to set aside
the order dated 04.12.2018 made in W.P.(MD)No.23933 of 2018 on the file of this
Court.
For Appellant : Mr.S.Xavier Rajini
1/6
https://www.mhc.tn.gov.in/judis
W.A.(MD)No.1676 of 2018
For Respondents : Mr.Veera Kathiravan,
Additional Advocate General,
Assisted by Mr.S.Kameswaran
Government Advocate
JUDGMENT
(Judgment of the Court was delivered by S.M.SUBRAMANIAM, J.)
The order dated 04.12.2018 passed in W.P.(MD) No.23933 0f 2018 is
under challenge in the present Writ Appeal proceedings.
2. Learned Single Judge dismissed the Writ Petition filed by the writ
appellant on the ground that in the 6th and 7th Semesters Technical Qualification
alone the petitioner has secured more than 75% marks, whereas the recruitment
agencies / respondents have taken his performance in all the semesters and found
that he has not secured 75% marks and awarded only 20 marks and thus, the
manner in which additional marks given to the petitioner for possessing technical
qualification is fully justifiable.
3. With reference to the above reference of the learned Single Judge, the
learned counsel for the appellant reiterated the ground raised in the Writ
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Proceedings. His point of view is that the marks scored in Semesters 5 and 6 alone
is to be taken into consideration for the purpose of awarding weightage marks in
view of the recruitment notification. In the recruitment notification there is no
mentioning about award of marks based on cumulative marks and therefore, the
procedure adopted is in violation of the recruitment conditions.
4. In reply, learned Additional Advocate General contended that the
department of Technical Educational has formulated various grading
methodologies / ranking candidates possessing diploma qualifications, which are
as follows:-
“Candidates who have qualified Diploma prior to 2003, a
scheme called as the 99 scheme was followed. Under this scheme, the
grading was awarded based on the marks obtained by the candidate in 5th
and 6th Semesters alone. With respect to candidates who have qualified
Diploma after 2003, the grading has been awarded based on the marks
scored in the 1, 3, 4, 5 & 6th semesters. Classification of candidates who
pass out the final examinations from April, 2018 onwards (Joined in first
year in 2015 – 2016) will be done as specified below.
First Class with Superlative Distinction: A candidate will be
declared to have passed in First Class with Superlative Distinction if he /
she secures not less than 75% of the marks in all the subjects and passes
all the semesters in the first appearance itself and passes all subjects
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within the stipulated period of study 3 years without any break in study.
First Class with Distinction: A candidate will be declared to
have passed in First Class with Distinction if he / she secures not less
than 75% of the aggregate marks in all the semesters put together and
passes all the semesters except the I and II semester in the first
appearance itself and passes all subjects within the stipulated period of
study 3 years without any break in study.
First Class: A candidate will be declared to have passed in
First Class if he / she secures not less than 60% of the aggregate marks
in all the semesters put together and passes all the subjects within the
stipulated period of study 3 years without any break in study.
Second Class: All other successful candidates will be declared
to have passed in Second Class.”
5. In view of the fact that the petitioner was not within the zone of
consideration and the candidates referred by the writ appellant were also not
selected and the normalization method had been followed for the purpose of
awarding weightage marks to the candidates, so as to maintain uniformity, we do
not find any infirmity in respect of the procedure followed, so also, the findings
rendered by the learned Single Judge in the impugned order.
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6. Thus, the impugned order stands confirmed and the Writ Appeal is
dismissed. No costs. Consequently, connected Civil Miscellaneous Petitions are
closed.
(S.M.S., J.) & (V.L.N., J.)
07.12.2023
NCC : Yes / No
Index : Yes / No
SJ
To
1.The Secretary,
Labour and Employment Department,
State of Tamil Nadu,
Fort St. George, Chennai – 09.
2.The Director,
The Directorate of Employment and Training,
“Training Wing”, Guindy,
Chennai – 600 032.
https://www.mhc.tn.gov.in/judis
S.M.SUBRAMANIAM, J.
AND
V.LAKSHMINARAYANAN, J.
SJ
07.12.2023
https://www.mhc.tn.gov.in/judis
