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2022 Supreme(Mad) 2325

IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, J.
A. Inbakumar - Appellant
Versus
The Chairman and Managing Director, Tamil Nadu Electricity Board, N.P.K.R. Maaligai, Chennai & Others - Respondent
W.P. No. 7443 of 2014 & M.P. No. 1 of 2014
Decided On : 30-06-2022

Advocates appeared:
For the Petitioner:C. Sundaresan, Advocate. For the Respondents:R1 & R2, P. Subramanian for TANGEDCO, R3, M/s. R.L. Karthika, Government Advocate.

Appointment cannot be claimed as a matter of right, and eligibility for appointment may be determined based on specific requirements such as registration as an apprentice and sponsorship by the District Employment Exchange.

Headnote:

Mandamus - Appointment as Assistant Engineer - The court dismissed the writ petition seeking a mandamus to appoint the petitioner as Assistant Engineer, holding that the petitioner did not register as an apprentice and was not eligible for appointment at the relevant time. The court also emphasized that appointment cannot be claimed as a matter of right and that eligible candidates were sponsored based on seniority by the District Employment Exchange.

Fact of the Case:

The petitioner sought a writ of mandamus to direct the respondents to appoint him as Assistant Engineer, claiming that he was fully qualified for the position but was not considered for appointment.

Finding of the Court:

The court found that the petitioner did not register as an apprentice and was not eligible for appointment at the relevant time. It emphasized that appointment cannot be claimed as a matter of right and that eligible candidates were sponsored based on seniority by the District Employment Exchange.

Issues: The main issue was whether the petitioner was eligible for appointment as Assistant Engineer and whether he had a right to claim appointment.

Ratio Decidendi: The court held that the petitioner's failure to register as an apprentice made him ineligible for appointment. It also emphasized that appointment cannot be claimed as a matter of right and that eligible candidates were sponsored based on seniority by the District Employment Exchange.

Final Decision: The writ petition seeking mandamus to appoint the petitioner as Assistant Engineer was dismissed, and no costs were awarded. The connected miscellaneous petition was closed.

JUDGMENT

(Prayer: Writ Petition filed Under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first and second respondents to appoint the petitioner as Assistant Engineer in the second respondent Department and alternatively to direct the third respondent to refer the name of the petitioner for selecting him as Assistant Engineer in the second respondent Department.)

1. The relief sought for in the present writ petition is to direct the respondents 1 and 2 to appoint the petitioner as Assistant Engineer in the second respondent Board.

2. The writ petitioner states that he has completed B.E. Degree in Electrical and Electronics Engineering and fully qualified to the appointment for the post of Assistant Engineer in TANGEDCO. The petitioner states that he has enrolled his name in the District Employment Exchange, Guindy and awaiting for the call letter for appointment as per his seniority. However, the case of the writ petitioner was not considered for sponsoring and subsequently he came to understand that his name was not sponsored for selection. The petitioner states that the respondents have colluded with other selected candidates and made appointments to the post of Assistant Engineer [Electrical].

3. Except for the general statements, the petitioner could not be able to establish his right for appointment.

4. The learned counsel appearing on behalf of the respondents 1 and 2 states that the petitioner did not register himself as apprenticeship and therefore, he was not eligible during the relevant point of time for appointment to the post of Assistant Engineer. The certificate holders based on the Court order, who have completed B.E. Degree in 2008 were allowed to participate in the process of selection and 76 candidates who were found eligible and within the zone of consideration, were appointed to the post of Assistant Engineer.

5. The learned counsel for the respondents 1 and 2 further states that the name of the writ petitioner was not even sponsored by the District Employment Exchange as he was junior in seniority. The petitioner registered his name in the year 2008 and the persons registered previously alone were sponsored by the Employment Exchange.

6. The appointment can never be claimed as a matter of right. The name of eligible candidates were sponsored by the District Employment Exchange as per the seniority. The petitioner has not even participated in the process of selection. While so, the writ petition to direct the respondents to appoint the petitioner deserves no merit consideration. Accordingly, the writ petition stands dismissed. No costs. Consequently connected miscellaneous petition is closed.

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