Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M.SUBRAMANIAM, C.KUMARAPPAN, JJ.
M.D.Chandrasekar – Appellant
Versus
The Tamil Nadu Generation and Distribution Corporation Limited – Respondent
W.A.No.2485 of 2018 and W.P.Nos.10374 of 2016 & 13055 of 2017 and C.M.P.No.20150 of 2018 and W.M.P.Nos.9157 of 2016, 13932 of 2017 & 2903, 2904 & 2905 of 2018
Decided on : 13-06-2024
Writ Petition - Recruitment Notification - The court addressed the validity of a recruitment notification and the associated regulations, concluding that the petitioners failed to demonstrate any violation of service rules. The court emphasized the principle of entertainability in writ petitions, particularly when the relief sought has lost relevance due to the passage of time and completion of the selection process.
Fact of the Case:
The petitioner association sought to allow its members, graduate engineers, to apply for Technical Assistant positions as per a recruitment notification from 2016. They challenged certain regulations and sought a writ of mandamus to facilitate their participation in the selection process.
Finding of the Court:
The Writ Court dismissed the petitions, stating that the relief sought had lost relevance due to the completion of the selection process and that the petitioners did not establish any violation of service rules.
Issues: Whether the petitioners could challenge the recruitment notification and associated regulations after the selection process had been completed and whether the terms of the notification violated any service rules.
Ratio Decidendi: The court held that writ petitions cannot be entertained if the relief sought is irrelevant due to the efflux of time and completion of the selection process. Additionally, the petitioners failed to prove any violation of applicable service rules.
Result: The Writ Petitions and the Writ Appeal were dismissed, with no costs awarded.
JUDGMENT :
[Judgment was delivered by S.M.SUBRAMANIAM, J.]
Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents (1) to (3) to permit the members of the petitioner Association and other similarly placed graduate engineers with B.E., degree in Electrical/Mechanical Engineering or equivalent qualification to apply online for the posts of Technical Assistants/Electrical & Technical Assistants/Mechanical notified under Notification No.1/2016 dated 28.02.2016, to take part in the proposed competitive written examination scheduled on 03.04.2016, compete with other eligible candidates and secure selection on the basis of merit.
Prayer: Writ Appeal filed under Clause 15 of Letters Patent to set aside the order dated 26.10.2018 passed in W.P.No.28092 of 2018 and allow the writ appeal.
Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Declaration, declaring Note 2 to Regulation 94(a) of the Tamil Nadu Electricity Board Service Regulations to be ultravires as offending Articles 14, 16 and 21 of the Constitution of India and consequently declare Clause 4(D) of the Employment Notification of 28.02.2016 as void insofar as it allows Graduate Engineers to also compete in the selection for the 525 posts of Technical Assistants notified under the said Employment Notification and issue such further or other appropriate orders, directions.
The writ petitions were instituted before the Writ Court for direction to the TANGEDCO to complete the process of selection for 500 Technical Assistant/Electrical and Technical Assistant/Mechanical as per the procedures set out in the Notification No.1 of 2016 dated 28.02.2016 by fixing an early date for interview and permitting the selected candidates in the ratio of 1:5, to attend the interview based on the ranking and as per the Rule of Reservation.
2. The issue raised based on the recruitment notification dated 28.02.2016. Near about 8 years lapsed. The very relief sought for in the writ petition itself lost its relevance. The Writ Court dismissed the writ petition mainly on the ground of entertainability.
3. The relief based on such recruitment notification as rightly held by the Writ Court cannot be entertained unless the terms stipulated in the notification is violative of the Service Rules applicable to the post. Since the appellant has not established any such grounds, the Writ Court dismissed the writ petition. On account of efflux of time even the said issue lost its relevance, since the selection process was completed.
4. Thus, the Writ Petitions are dismissed and consequently, the Writ Appeal stands dismissed. No costs. Connected Miscellaneous Petitions are closed.
Writ petitions must demonstrate relevance and violation of service rules to be entertained, particularly when the selection process has concluded.
The central legal point established in the judgment is that the imposition of additional eligibility criteria for internal selection should be in line with the relevant service regulations and statut....
The main legal point established in the judgment is the importance of maintaining the rank list and seniority for selected candidates, as governed by Regulation 97 of the Tamil Nadu Electricity Board....
A writ petition becomes infructuous when the underlying issue, such as a pending promotion proposal, is resolved or rejected.
A writ petition cannot succeed if the employment notification has been canceled and the selection process has been entrusted to another authority, reflecting the need for compliance with procedural n....
Writ petitions cannot be granted for selection processes that have been cancelled, rendering the petitions infructuous.
Eligibility for employment cannot be retroactively altered post-selection without statutory basis, safeguarding candidates' rights under Articles 14 and 16.
The court affirmed that employment decisions must adhere to established rules and that claims of entitlement must be substantiated with evidence.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
