Justice P.T. Asha dismissed a writ petition seeking appointment as a conductor, rejecting the claim based on a cancelled 2009 selection, relying on a previous Division Bench order that upheld the cancellation due to procedural lapses and magnitude of allegations.
Writ petition dismissed; connected miscellaneous petitions closed. No costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.No.24437 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 04.06.2024
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA
W.P.No.24437 of 2015 &
M.P. Nos. 1 and 2 of 2015
M.Muthukrishnan
...Petitioner
Vs.
1.The Union of India Represented by its Secretary to Government Transport Department Government of Puducherry Puducherry.
2.The State Road Transport Corporation Limited Rep. by its Managing Director No.4, Iyyankoil Street, Raja Nagar, Puducherry. ...Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ or direction more specifically a Writ of Certiorarified Mandamus calling for the records on the file of the 2nd respondent relating to the impugned notification through paper 1/8
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publication of the 2nd respondent dated 31.07.2013 bearing Ref. No. Nil and quash the same in as much as it fixes the upper age limit with reference to 31.07.2013 in the impugned notification and consequently direct the respondents to consider the petitioner to the post of conductor with reference to the upper age limit as per the original notification and appoint the applicant in accordance with law.
For Petitioner : Mr. T.Saikrishnan
For Respondent 1: Mrs. G.Djearany Government Advocate
For Respondent 2: Mr. R.Sreedhar
O R D E R
The Writ Petition has been filed for the following relief:
“To call for the records on the file of the 2nd
respondent relating to the impugned notification through
paper publication of the 2nd respondent dated 31.07.2013
bearing Ref. No. Nil and quash the same in as much as it
fixes the upper age limit with reference to 31.07.2013 in
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the impugned notification and consequently direct the respondents to consider the petitioner to the post of conductor with reference to the upper age limit as per the original notification and appoint the applicant in accordance with law.”
07.07.2010 has passed the following order:
“5. We are not in a position to accept the
allegation of malafides in the matter. The issue of irregularities in the matter of selection was raised even
in the Legislative Assembly. The matter was therefore
considered at the higher level. In view of the magnitude
of the allegations, and the serious procedural lapses committed in the course of selection, it was decided to
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cancel the selection. Therefore, the Government has
taken a correct decision to set aside the selection.
6. The fact that the name of the writ petitioners
were included in the select list would not confer them any
kind of right to seek appointment as a matter of course. It
is open to them to apply at the time of fresh selection. In any case, sufficient reasons were given by the authorities
in support of their decision to cancel the selection. The
private interest of the petitioners should yield to the larger interest of the Corporation.
7. Therefore we reject the plea of malafides alleged
against the fifth respondent and the claim of the petitioners for appointment on the basis of select list. Accordingly the writ petitions are dismissed. No costs.
Consequently, connected MPs are closed.”
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In view of the same, the petitioner who is before this Court claiming his right on the basis of the selection process in the year 2009 could not be entitled for the relief as prayed for.
Accordingly, the Writ Petition is dismissed. Consequently, the connected miscellaneous petitions are closed. No costs.
04.06.2024
Index : Yes/No Internet : Yes/No kan
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W.P.No.24437 of 2015
To
1.The Union of India Represented by its Secretary to Government Transport Department Government of Puducherry Puducherry.
2.The State Road Transport Corporation Limited Rep. by its Managing Director No.4, Iyyankoil Street, Raja Nagar, Puducherry.
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W.P.No.24437 of 2015
P.T. ASHA, J,
kan
W.P.No.24437 of 2015
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04.06.2024
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2 issues framed by the court
Whether the petitioner is entitled to appointment claims on the basis of a previously cancelled 2009 selection process.
Whether the earlier Division Bench order dismissing similar petitions based on procedural lapses bars the present claim.
Colour shows how this judgement treated each authority
Division Bench order dated 07.07.2010Relied on¶32
W.P.Nos.8775, 12882 and 12927 of 2010
1 provisions across 1 enactments
M.Muthukrishnan
The Union of India Represented by its Secretary to Government Transport Department Government of Puducherry
The State Road Transport Corporation Limited Rep. by its Managing Director
P.T. ASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
