TAMIL NADU ARASU NEDUNCHALAITHURAI SALAIPANI ALUVALAR MATHTHIA SANGAM Vs. SECRETARY TO GOVERNMENT, HIGHWAYS DEPARTMENT AND CHIEF ENGINEER (GENERAL), HIGHWAYS DEPARTMENT

JUDGEMENT

(1.) The Petitioner has invoked the extra ordinary jurisdiction of this Court under Article 226 of the Constitution of India, with a prayer for issuance of a Writ in the nature of Certiorari, to quash G.O.Ms. No. 193 Highways & Minor Ports (HK3) Department dated 01.08.2008, with regard to laying down the qualification of 10th Standard for Gang Mazdoors to be appointed as Road Inspectors Grade II. Consequential relief is also prayed for, to direct the Respondents herein, to fix the qualification as pass in 9th Standard for the recruiting Gang Mazdoors as Road Inspectors Grade II under G.O.Ms. No. 856 Public Works Department dated 01.06.1977.

(2.) The prayer made by the Petitioner in this writ petition, on the face of it, is not maintainable.

(3.) The right of the Government to frame Rules is absolute, which cannot be regulated by the Court proceedings, unless it is shown that the exercise of power is arbitrary or it is contrary to the Statutory Regulation or the Statute.