In WP No.5951 of 2014-MAD HC- Selection process can be interfered with by exercising power of judicial review only if selection is tainted with allegation of mala fides or corrupt practices: Madras HC Justice S.M. Subramaniam [09-06-2022]

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Read Order: K.Manickam Vs. The Chief Engineer (Personal) And Ors

Tulip Kanth

Chennai, June 11, 2022: Refusing to direct the respondents to consider the petitioner for appointment to the post of ITI Helper (Trainee) under direct recruitment, the Madras High Court has held that except making certain general allegations, the petitioner had not placed any materials for the purpose of establishing irregularity and illegality in the process of selection.

The Bench of Justice S.M.Subramaniam was considering a matter wherein the petitioner had participated in the process of selection for appointment to the post of ITI Helper (Trainee) in the service of the TANGEDCO and attended the interview. It was the petitioner’s grievance that he secured 84.57% and he belonged to Scheduled Tribe category. However, the petitioner was not selected to the post of ITI Helper (Trainee) under Direct Recruitment and his representation was also not considered. It was contended that many other non-meritorious candidates were selected and appointed to the abovesaid post.

Observing that certain general grounds raised regarding selection cannot form any basis for setting aside the process of selection, the Bench said, “In respect of the grounds raised in the present writ petition, the process of selection can be interfered with by the High Court by exercising the power of judicial review only if the selection is tainted with the allegation of mala fides or the allegation of corrupt practices are established.”

Thus, mentioning that  the respondent-TANGEDCO stated that the process of selection was conducted by following the procedures as contemplated, the Bench dismissed the petition.

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