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2010 Supreme(Mad) 4003

ELIPE DHARMA RAO, K.K.SASIDHARAN
V. Arumugam & Others – Appellant
Versus
R. Kalaiarasan & Others – Respondent


Advocates appeared:
For the Appearing Parties: R. Subramanian, Senior Counsel for M/s. S. Hemalatha, R. Karthikeyan, T.S. Rajamohan, P. Chandrasekaran, S.C.G.S.C., Xavier Felix,
Advocates.

Judgment

ELIPE DHARMA RAO, J.

1. This is the case of an arbitrary manner of selection in a public body, in and by which those candidates who got higher marks for qualification and experience were knocked out of the race by awarding very low marks in the viva voce test, by adopting a strange method of giving uniform marks by all the members of the Selection Committee, after conducting a meeting subsequent to the conclusion of viva voce test of the candidates.

2. These two writ appeals are directed against the order dated 15.09.2009 in W.P.No.13864/2008 whereby and whereunder, selection to the post of Diesel Loco Drivers in the Chennai Port Trust as per proceedings dated 11.06.2008 was set aside. The very same selection is challenged in W.P.No.22070/2009, at the instance of another candidate.

3. The facts, as found in W.A.No.1878/2009, are taken to narrate the background facts.

(a) Chennai Port Trust called for applications from eligible candidates working in the said Port Trust for appointment to the post of Diesel Loco Drivers. Notification was issued on 02.04.2008. In response to the said notification, 198 employees submitted their applications. It was found that only 103 were














































































































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