BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
HONOURABLE MR. JUSTICE M. JOTHIRAMAN
Ginu Mohan C B – Appellant
Versus
Chairman, V.O.Chidambaranar Port Trust – Respondent
ORDER :
This Writ Petition has been filed, praying for a direction to the respondents No.1 and 2, to consider the petitioner's representation, dated 25.02.2019, to conduct an enquiry and take action against the third respondent and also to consider the petitioner to the post of Junior Engineer.
2. The case of the petitioner is that the Chairman, V.O.Chidambaranar Port Trust – first respondent had invited applications for filling up of two vacancies for the post of Junior Engineer in Civil Engineering Department, vide advertisement, dated 30.09.2009. The petitioner submitted his application and the same was assigned with application no.5697. The first respondent shortlisted 162 candidates, having eligible qualification, including the petitioner. Written examination was conducted on 10.01.2010, wherein the petitioner secured 20.50 marks. The petitioner also participated in the interview, wherein he secured 28.50 marks. Thus, totally, he secured 49 marks in the recruitment. However, the petitioner stood at third position and, therefore, he was not selected for the post. The petitioner came to know that one Mr.V.Shivakumar, Advocate, Nagercoil, made a complaint to the Chief Vigilance Off
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The court established that allegations of fraud in public recruitment necessitate an enquiry to ensure transparency and fairness.
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Employment and Service matter - Grade-IV employees - Selection process - Selection process is not subject matter of challenge in absence of any grounds, subsequent action of issuing appointment order....
The court affirmed that employment decisions must adhere to established rules and that claims of entitlement must be substantiated with evidence.
Selection process in public service must adhere to merit and judicial directives; prior selections can be revisited without breaching natural justice if candidates prove higher qualifications.
A person must have a legal right or interest that is violated or threatened to be violated and must suffer a legal injury in order to have locus standi to file a writ petition.
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