V PRABAKARAN Vs. SELECTION COMMITTEE

JUDGEMENT

(1.) PETITIONER seeks writ of certiorarified mandamus calling for the records relating to the impugned list of candidates selected as Assistant Engineer (Electrical) by recruitment through Employment Exchange-2005-2006 dated 10.02.2006, published by the 1st and 2nd Respondents to make appointments for the post of Assistant Engineer (Electrical) following the reservation policy applicable to Backward Class, Scheduled Castes and Scheduled Tribes and as per the Tamil Nadu Electricity Board Service Regulations.

(2.) BRIEF facts which led to the filing of the writ petition are as follows:(i) To fill up 300 vacancies of Assistant Engineer/Electrical and 25 vacancies of Assistant Engineer/Mechanical. The Assistant Director, Professional and Executive Employment Office, Chennai was addressed to sponsor qualified candidates. The Executive Employment Office has sponsored about 6009 candidates as per existing guidelines.(ii) Petitioner is a physically handicapped person and has passed B.E. Degree-Electrical and Electronics Engineering and registered himself as a qualified engineer with the Employment exchange in the year 2002. Petitioner attended the interview on 12.09.2005 for the post of Assistant Engineer/ Electrical. On 10.02.2006 when result was published by 2nd Respondent-Board Petitioner's name was not in the list of successful candidates.(iii) Grievance of the Petitioner is that without making any reservation to the physically handicapped candidates belonging to Backward class, Scheduled castes and Scheduled tribes results were announced and Rule of Reservation was not followed. The appointments made is vitiated due to non-compliance of mandatory provision by providing 3% reservation for physically handicapped.

(3.) DRAWING attention of Court to B.P.(Ch.)No.6 dated 06.01.1993, and G.O.Ms.No.2093 (Social Welfare Department), dated 30.10.1987. Mr.M.Vaidyanathan, learned counsel appearing for TNEB has submitted that reservation of post for physically handicapped persons is not applicable to Class I and II employees. Learned counsel further argued that as per the policy of Government and regulations the selection process had taken place and having participated in the selection it is not open to the Petitioner to challenge the selection process. It was further submitted that Petitioner has secured only 68.62 marks and he was out of zone of selection.