M VELMURUGAN Vs. CHAIRMAN CHENNAI PORT TRUST CHENNAI

JUDGEMENT

(1.) The Chennai Port Trust conducted interview for the in-service candidates for appointment to the post of Assistant Engineer (Civil). There was no written test. All the candidates secured equal marks under the categories "qualification" and "experience". The Selection Committee without any guidelines, awarded marks under the category, "personality, smartness and performance" and by giving more marks, tilted the balance in favour of few and selected them. Similar selection dated 11 June 2008 for the post of Diesel Loco driver in Chennai Port Trust was set aside by the Division Bench by judgment dated 8 September 2010 in W.A.No.1403, 1878/2009 and W.P.No.22070/2009, on the ground that marks given arbitrarily with a view to tilt the balance in favour of the selected candidates. The judgment was upheld by the Supreme Court in SLP (C) No.31077 to 31079 of 2010, taking into account the initiation of fresh selection process.

(2.) The selection in the subject case, finalized by giving excess marks to few candidates arbitrarily on 21 February 2009, is liable to be set aside as the issue is covered by the Division Bench judgment dated 8 September 2010 and the order dated 14 December 2010 in SLP 31077 to 31079/2010.

(3.) The Chennai Port Trust called for applications from Junior Engineers, Civil Engineering Department for appointment to the four vacant posts of Assistant Engineer (Civil) on redeployment basis. The appellant, the respondents 4 to 6 and few other junior engineers submitted applications through proper channel.