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2025 DAILYLAW 101918 (MAD)

D.RASOOL v. THE REGISTRAR(GENERAL)

WP/35431/2025 · 2025-09-25

Hemant Chandangoudar, R Suresh Kumar

Transfer Petitionbody2025

Judgment text

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WP No. 35431 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 25-09-2025 CORAM THE HON'BLE MR JUSTICE R. SURESH KUMAR AND THE HON'BLE MR.JUSTICE HEMANT CHANDANGOUDAR W.P No. 35431 of 2025 AND WMP Nos.39653, 39655 and 39657 OF 2025 D.Rasool S/o. D Muhamed, Reside At 37/1b Mettutheru Serinivasapuram Post, Tirutani Taluk, Tiruvallur 631 209. ..Petitioner Vs 1. The Registrar(General) High Court Of Madras, Chennai 2. The Registrar Judicial Recruitment Cell, High Court Madras, Chennai. ..Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus calling for records relating to the impugned list of provisionally selected candidates post wise in their order of Merit published on the official website of the 2nd respondent vide Nil proceedings dated 21.04.2025 and to quash the same as being arbitrary illegal and consequently direct the respondents to appoint to petitioner as an Examiner vide notification No. 98/2024 in the unfilled BCM category vacancy by considering the petitioners representation dated 05.08.2025. __________ https://www.mhc.tn.gov.in/judis WP No. 35431 of 2025 For Petitioner : Ms.L.Meenakshi for Mr.M.Dinesh For Respondents : Mr.S.John J Raja Singh ORDER (Order of the Court was made by R.Suresh Kumar J.) The prayer sought for herein is for a Writ of Certiorarified Mandamus calling for records relating to the impugned list of provisionally selected candidates post wise in their order of Merit published on the official website of the 2nd respondent vide Nil proceedings dated 21.04.2025 and to quash the same as being arbitrary illegal and consequently direct the respondents to appoint to petitioner as an Examiner vide notification No. 98/2024 in the unfilled BCM category vacancy by considering the petitioners representation dated 05.08.2025. 2. The petitioner was one of the candidates, who participated in the selection process for selection and appointment to various posts in the Subordinate Courts like Process Server, Examiner etc., The petitioner participated in the selection process, where, after the written examination as he secured 145 marks, since the cut-off marks fixed for the communal category __________ https://www.mhc.tn.gov.in/judis WP No. 35431 of 2025 to which the petitioner belongs was 145, he was included in the list of candidates to be called for interview ie., viva-voce. In the viva-voce, the minimum marks prescribed was 12, whereas the petitioner secured only 9 marks. Since the petitioner was not able to secure even the minimum marks in the viva-voce, his candidature had to be rejected, as he cannot be included in the zone of consideration, as a result of which he was not selected. Therefore, questioning the very provisional selection list dated 21.04.2025, the petitioner has chosen to file the present writ petition. 3. Heard the learned counsel for the petitioner and the learned Additional Government Pleader for the respondents. 4. Learned Additional Government Pleader appearing for the respondents pointed out that, as per the instructions which is part of the Notification issued in this regard dated 28.04.2024, the minimum marks to be secured in the viva-voce is 12 and the maximum marks is 30. The relevant portion of the instructions reads thus, "(M). tha;bkhHp njh;t[ (30 kjpg;bgz;fs;) (jFjpf;fhd Fiwe;jgl;r kjpg;bgz;fs; 12) __________ https://www.mhc.tn.gov.in/judis WP No. 35431 of 2025 (i)tha;bkhHp njh;t[f;F tpz;zg;gjhuu;fs; bghJ vGj;Jj;njh;tpy; bgw;w kjpg;bgz;fs; mog;gilapy; 1 : 3 tpfpjg;go my;yJ xJf;fPl;L tpjpia gpd;gw;wp fhypg;gzpapl';fs; vz;zpf;if kw;Wk; jFjp bgw;w tpz;zg;gjhuiu bghWj;J bkl;uh!; cah;ePjpkd;w Ml;nrh;g;g[ gphpt[ eph;zapf;Fk; xt;bthU xJf;fPl;L gphpt[ eph;zapf;Fk; vzzpf;ifapy; xt;bthU gjtpf;Fk; njh;t[ bra;ag;gLth;/ xt;bthU xJf;fPl;L gphptpYk; tuk;g[ epiy kjpg;bgz;fSf;F xj;j kjpg;bgz;fs; bgw;wpUf;Fk; tpz;zg;gjhuu;fs; midtUk; tha;bkhHpj; njh;t[f;F miHf;fg;gLthh;fs;/ tha;bkhHpj; njh;t[ neuj;jpy; rhd;wpjH; rhpghh;g;g[ eilbgWk;/" 5. When the minimum marks since has been fixed as 12 and admittedly the petitioner has secured only 9 marks, the question of including his name in the zone of consideration does not arise, as he has become ineligible to be considered in the zone of consideration at all. Therefore, his candidature has been rejected by the selection authorities, of course rightly. Hence, the writ petitioner cannot have any grievance to challenge the very provisional selection list, which is impugned in the present writ petition. __________ https://www.mhc.tn.gov.in/judis WP No. 35431 of 2025 6. Resultantly, the writ petition fails and the same is liable to be dismissed. Accordingly, it is dismissed. No costs. Consequently, connected miscellaneous petitions are closed. (R.S.K.,J.) (H.C.,J.) 25-09-2025 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No KST To 1. The Registrar(general) High Court Of Madras, Chennai 2. The Registrar Judicial Recruitment Cell, High Court Madras, Chennai __________ https://www.mhc.tn.gov.in/judis WP No. 35431 of 2025 R.SURESH KUMAR J. AND HEMANT CHANDANGOUDAR J. KST WP No. 35431 of 2025 25-09-2025 __________ https://www.mhc.tn.gov.in/judis