LAWS(MAD)-2023-9-108

MEMBER SECRETARY Vs. A.MARIAPPAN

Decided On September 26, 2023
MEMBER SECRETARY Appellant
V/S
A.Mariappan Respondents

JUDGEMENT

(1.) This Writ Appeal is directed against the order of the learned Single Judge, dtd. 31/1/2022 passed in W.P(MD)No.5634 of 2019.

(2.) By the said order, the learned Single Judge allowed the writ petition filed by the respondent/writ petitioner. The respondent had prayed for a Writ of Mandamus directing the appellant herein to appoint the respondent either as Forest Guard or as Forest Guard with Driving Licence in pursuant to the notification, dtd. 6/10/2018, written test and certificate verification conducted on 29/1/2019 by considering his representation, dtd. 3/3/2019.

(3.) The case of the respondent/writ petitioner is that there exists the posts of Forest Guard and Forest Guard with Driving Licence in the Tamil Nadu Forest Uniformed Services. By a notification, dtd. 6/10/2018 applications were called for from eligible candidates. The respondent upon being satisfied that he qualifies to be appointed to the said posts, submitted his application. A written examination was conducted on 11/12/2018 and the respondent cleared the written examination and was short listed for the further process of selection and his name figured in Serial No.58 in the General Category. Thereafter, on 29/1/2019, the respondent was called for certificate verification and physical test. After the production of the original certificates, the respondent participated in the Physical Endurance Test on 5/2/2019 and was successful in the Physical Endurance Test also. The respondent was found suitable for both the posts. But, however, the respondent was not issued any order of appointment. The respondent has also obtained information under the Right to Information Act, 2005 in respect of the persons appointed pursuant to the above selection. He also made representations to appoint him. In spite of the same, the respondent was not given any offer of appointment and hence, the writ petition.