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2025 DAILYLAW 73338 (MAD)

P.ASHOK KUMAR v. The General Manager

WA/2462/2022 · 2025-02-20

C Saravanan, S S Sundar

Transfer Petitionbody2025

Judgment text

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2025:MHC:569 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20-02-2025 CORAM THE HONOURABLE MR JUSTICE S. S. SUNDAR AND THE HONOURABLE MR JUSTICE C. SARAVANAN WA No. 2462 of 2022 P.Ashok Kumar S/o. M.Palaniappan, ..Appellant(s) Vs 1. The General Manager, Oil and Natural Gas Corporation Ltd., Thalamuthu Natarajan Building, No.1, Gandhi Irvin Road, CMDA Tower, Egmore, Chennai-8. 2. The General Manager (HR), Oil & Natural Gas Corporation Ltd., Thalamuthu Natarajan Building, No.1, Gandhi Irvin Road, CMDA Tower, Egmore, Chennai-8. Respondent(s) For Appellant: Mr.M.Ramamoorthi For Respondents: M/s.Mohammed Fayaz Ali JUDGMENT (Order of the Court was made by the Hon'ble S.S.Sundar J.) This writ appeal is directed against the order of the learned Single Judge dated 06.07.2022, dismissing the writ petition filed by the writ petitioner in W.P.No. 26170 of 2022 filed for issuance of writ of mandamus, directing the respondent to appoint the petitioner to post of Junior Fire Supervisor. 1 https://www.mhc.tn.gov.in/judis Brief facts that are necessary for disposal of this writ appeal; 2. The respondent had issued a recruitment notification inviting applications for the selection of candidates for the post of Junior Fire Supervisor for ONGC, Karaikal, Southern Sector. It is not in dispute that the respondent specified the minimum height for tribal candidates as 163 cm and for other candidates as 168 cm. The appellant has also admitted that he participated in the process of selection and was successful in the written examination. However, he was not selected during physical verification of height as he has not satisfied with the required height as prescribed in the recruitment notification. The learned Single Judge heard the writ petition on merits and dismissed the same by observing that the writ petitioner's rejection was based on the eligiblity as set out in the recruitment notification. The learned Single Judge cited the time lapse of 8 years while deciding the writ petition. 3. Heard the learned counsel for the appellant and the learned counsel for the respondent and perused the materials available on record. 4. Learned counsel for the appellant relied upon the circular issued by the Government of India, Ministry of Home Affairs dated 07.04.2004 prescribing the minimum physical and medical fitness standard for undergoing professional courses of National Fire Service College, Nagpur, in which the minimum physical standard of height for male is prescribed as 165 cms. According to the learned counsel for the appellant, the said cirucular issued by the Government of India is applicable to the case 2 https://www.mhc.tn.gov.in/judis of the appellant, therefore he is eligible for selection to the post of Junior Fire Supervisor as called for in the recruitment notification issued by the respondent. 5. This Court has gone through the said circular dated 07.04.2004. The said circular prescribes the minimum requirement for physical and Medical fitness, which is exclusively for undergoing professionsal courses of National Fire Service College, Nagpur. Therefore, the said circular cannot be treated as relevant or binding on the respondents for the purpose of recruitment to the posts in ONGC. 6. Furthermore, the appellant did not challenge the recruitment notification issued by the respondent, which clearly outlined the qualifications and criteria for selection. In such circumstances, this Court finds no merit in the writ appeal. It is also to be noted that the relief sought by the appellant, which was for selection to the post of Junior Fire Supervisor, was based on a recruitment notification issued in 2014. Now, after a period of 11 years, this Court cannot grant such as prayed by the appelant. 7. Accordingly, the writ appeal stands dmissed. No order as to costs. (S.S.SUNDAR J.) (C.SARAVANAN J.) 20-02-2025 Index : Yes/No Internet : Yes Neutral Citation : Yes ak 3 https://www.mhc.tn.gov.in/judis S.S.SUNDAR J. AND C.SARAVANAN J. ak To 1. The General Manager, Oil and Natural Gas Corporation Ltd., Thalamuthu Natarajan Building, No.1, Gandhi Irvin Road, CMDA Tower, Egmore, Chennai-8. 2. The General Manager (HR), Oil & Natural Gas Corporation Ltd., Thalamuthu Natarajan Building, No.1, Gandhi Irvin Road, CMDA Tower, Egmore, Chennai-8. WA No. 2462 of 2022 20-02-2025 4 https://www.mhc.tn.gov.in/judis