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R.Mohamed Rabik Vs. the General Manager

R.Mohamed Rabik vs The General Manager

Type Court Judgment Court Chennai Decided Aug 12, 2011
~2 min read
https://sooperkanoon.com/case/920568

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Citation
Court
Chennai High Court
Judge
Decided On
Case Number
W.P.(MD)No.9811 of 2007 and M.P.(MD)No.1 of 2007
Subject
Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue
Education

Parties & Advocates

Appellant / Petitioner

R.Mohamed Rabik

Respondent

The General Manager

Advocate Mr.K.Mahendran, Adv.

Excerpt

1. the petitioner prays for issuance of a writ, in the nature of mandamus, directing the respondent to consider the petitioner for appointment to the post of conductor, in the corporation. 2.the pleaded case of the petitioner is, that he passed sslc examination, and belongs to muslim community, which is classified as 'backward class'. the petitioner was also issued a community certificate, and in addition, holds bus conductor license, first aid certificate, thus is eligible for the post of conductor. 3.the petitioner is also registered with the local employment exchange. 4.the petitioner was called for interview on 10th july 2007, on being sponsored by the employment exchange. 5.the case of the petitioner, is that the age prescribed for 'backward community' is 40 years, therefore, he was eligible for consideration for that post. the petitioner successfully completed the practical test. that thereafter, he did not receive appointment letter. 6.the petitioner has not challenged the select list in pursuance to the advertisement. in absence of challenge to the selection, it is not possible for this court, to issue a writ of mandamus, to direct the respondent to consider the case of the petitioner, as the right of consideration, is available only against the vacancies, which are available. no general order, can be passed, as prayed for. 7.the writ petition being not competent, is ordered to be dismissed. 8.consequently, connected miscellaneous petition is closed. no costs.

Full Judgment

1. The petitioner prays for issuance of a writ, in the nature of mandamus, directing the respondent to consider the petitioner for appointment to the post of Conductor, in the Corporation.

2.The pleaded case of the petitioner is, that he passed SSLC examination, and belongs to Muslim community, which is classified as 'Backward Class'. The petitioner was also issued a community certificate, and in addition, holds bus conductor license, first aid certificate, thus is eligible for the post of conductor.

3.The petitioner is also registered with the local employment exchange.

4.The petitioner was called for interview on 10th July 2007, on being sponsored by the employment exchange.

5.The case of the petitioner, is that the age prescribed for 'Backward Community' is 40 years, therefore, he was eligible for consideration for that post. The petitioner successfully completed the practical test. That thereafter, he did not receive appointment letter.

6.The petitioner has not challenged the select list in pursuance to the advertisement. In absence of challenge to the selection, it is not possible for this court, to issue a writ of mandamus, to direct the respondent to consider the case of the petitioner, as the right of consideration, is available only against the vacancies, which are available. No general order, can be passed, as prayed for.

7.The writ petition being not competent, is ordered to be dismissed.

8.Consequently, connected Miscellaneous Petition is closed. No costs.

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