G SANTHOSH KUMAR Vs. TAMIL NADU ELECTRICITY BOARD

JUDGEMENT

(1.) HEARD both sides.

(2.) THE petitioner is an aspirant for the post of Technical Assistant, for which direct recruitments were made during the year 2009 in respect of 1,100 posts. THE petitioner participated in the oral interview. He belonged to M.B.C/DC Category. THE petitioner secured 88.25 marks, out of which for his qualification, 75.01 mark was given. For interview, 2 mark was given. THE total secured mark is 77.01. In respect of MBC Category, the cut off mark is 80.34. THE petitioner was not selected. THE petitioner has filed the present Writ Petition seeking for a direction to consider his case for appointment to the post of Technical Assistant based on his merit, seniority and experience.

(3.) THOUGH the learned counsel for the petitioner later on argued that subsequent to the publication of the result, the cut off marks were lowered and some other candidates have been admitted, she is not able to secure any information and such information is also not coming by way of any pleadings. Therefore, on the basis of admitted facts, it has to be seen, whether, in the conducting of the oral test for 15 marks, which operates as a lever to the promoted candidates, the Court in the exercise its power under Article 226 of the Constitution of India can interfere with the award of such marks. The further argument is that out of 15 marks, the marks must be given on the basis of subdivision so that there will be less arbitrariness. In the present case, the marks are not subdivided under various heads. Therefore, there is scope for arbitrariness.