Chennai: Madras high court has directed Public Enterprises Selection Board (PESB) to permit the deputy chairman of Chennai Port Trust to take part in the interview for the post of chairman and managing director of Kamarajar Port Trust Limited and thereafter declare the results.
Justice T. Raja gave the directive while allowing a petition from Cyril C. George, deputy chairman of Chennai Port Trust, whose application was not considered by PESB as he was working in Chennai Port Trust, an autonomous institution.
“The authorities having not rejected the application of the petitioner till now are directed to permit the petitioner to take part in the interview for the post of chairman and managing director of Kamarajar Port limited,” the judge added.
Concurring with the submissions of senior counsel P.Wilson, the judge said, 'When section 7 of the Major Port Trusts Act clearly speaks that the term of office of deputy chairman being held by the petitioner shall be during the pleasure of the Central government, in my considered opinion, he is not only an employee of the central government, but is also fully eligible to apply as a candidate working in one of the major ports”.
When the petitioner was admittedly holding the post of deputy chairman of Chennai Port Trust, a major port, the ministry of shipping cannot unreasonably preclude him on the ground that he was working in an autonomous body. Candidates from major ports were considered on earlier occasions, the judge
said.
“Rejecting the candidate of the petitioner, who worked as chairman in-charge and continuously working now as deputy chairman in Chennai Port Trust, which is one of the major ports is wholly untenable, unreasonable and will not pass the test of Article 14 of the Constitution of India,” the judge added.
