w w w . L a w y e r S e r v i c e s . i n



B.V. Balasubramanian v/s Union of India, through Secretary to Government, Department of Information & Technology, Electronics, New Delhi & Others


Company & Directors' Information:- ELECTRONICS CORPORATION OF INDIA LIMITED [Active] CIN = U32100TG1967GOI001149

Company & Directors' Information:- L G ELECTRONICS INDIA PRIVATE LIMITED [Active] CIN = U32107DL1997PTC220109

Company & Directors' Information:- T V S ELECTRONICS LIMITED [Dissolved] CIN = U30006TN1986PLC013301

Company & Directors' Information:- U K B ELECTRONICS PRIVATE LIMITED [Active] CIN = U32109DL2004PTC126250

Company & Directors' Information:- INDIA INFORMATION TECHNOLOGY LTD [Active] CIN = U74140DL1992PLC048211

Company & Directors' Information:- M G ELECTRONICS LIMITED [Active] CIN = U74899DL1969PLC005030

Company & Directors' Information:- J V ELECTRONICS PVT. LTD. [Active] CIN = U74899DL1973PTC006446

Company & Directors' Information:- L B ELECTRONICS LIMITED [Active] CIN = U32109DL2005PLC134598

Company & Directors' Information:- R R ELECTRONICS PRIVATE LIMITED [Active] CIN = U31908MH2007PTC171298

Company & Directors' Information:- B AND B ELECTRONICS LIMITED [Active] CIN = U74899DL1984PLC019600

Company & Directors' Information:- B R C ELECTRONICS PRIVATE LIMITED [Active] CIN = U32109DL2005PTC140580

Company & Directors' Information:- A G T ELECTRONICS LIMITED [Active] CIN = U31200TZ1989PLC002336

Company & Directors' Information:- O S ELECTRONICS INDIA PRIVATE LIMITED [Active] CIN = U74900DL2015FTC283969

Company & Directors' Information:- J. C. ELECTRONICS PRIVATE LIMITED [Active] CIN = U51909GJ2010PTC061768

Company & Directors' Information:- R A ELECTRONICS PRIVATE LIMITED [Active] CIN = U29308GJ1991PTC016804

Company & Directors' Information:- G S C ELECTRONICS PRIVATE LTD. [Active] CIN = U74899DL1987PTC029325

Company & Directors' Information:- J N J ELECTRONICS LIMITED [Active] CIN = U32101DL2005PLC142345

Company & Directors' Information:- S N ELECTRONICS PRIVATE LIMITED [Active] CIN = U32101AS1999PTC005696

Company & Directors' Information:- A D ELECTRONICS PRIVATE LIMITED [Amalgamated] CIN = U31200MH1996PTC104103

Company & Directors' Information:- NEW DELHI ELECTRONICS PRIVATE LIMITED [Under Process of Striking Off] CIN = U74899DL1994PTC059474

Company & Directors' Information:- THE INDIA COMPANY PRIVATE LIMITED [Active] CIN = U74999TN1919PTC000911

Company & Directors' Information:- R AND S (INDIA) ELECTRONICS PRIVATE LIMITED [Active] CIN = U29299MH2000PTC128688

Company & Directors' Information:- ELECTRONICS LTD [Under Liquidation] CIN = U32201DL1945PLC000866

Company & Directors' Information:- H R ELECTRONICS PRIVATE LIMITED [Active] CIN = U51395DL2000PTC107829

Company & Directors' Information:- C M R ELECTRONICS PRIVATE LIMITED [Amalgamated] CIN = U72211WB1979PTC032091

Company & Directors' Information:- P R ELECTRONICS PRIVATE LIMITED [Strike Off] CIN = U31900KA1991PTC011572

Company & Directors' Information:- K V N ELECTRONICS PRIVATE LIMITED [Active] CIN = U74899DL1995PTC074002

Company & Directors' Information:- M. R. ELECTRONICS PRIVATE LIMITED [Active] CIN = U32109DL2008PTC185335

Company & Directors' Information:- L K ELECTRONICS PRIVATE LIMITED [Active] CIN = U32109DL2006PTC144509

Company & Directors' Information:- K V ELECTRONICS PVT LTD [Strike Off] CIN = U32107TG1986PTC006103

Company & Directors' Information:- A AND N ELECTRONICS PRIVATE LIMITED [Active] CIN = U32109DL2006PTC144588

Company & Directors' Information:- S N A ELECTRONICS PRIVATE LIMITED [Active] CIN = U32204DL2009PTC188412

Company & Directors' Information:- N U ELECTRONICS PVT LTD [Strike Off] CIN = U99999MH1981PTC025048

Company & Directors' Information:- H B ELECTRONICS PRIVATE LIMITED [Active] CIN = U32201GJ1988PTC010345

Company & Directors' Information:- S M I C ELECTRONICS PRIVATE LIMITED [Strike Off] CIN = U51909DL2009PTC193590

Company & Directors' Information:- M M ELECTRONICS PRIVATE LIMITED [Active] CIN = U74899DL1987PTC030129

Company & Directors' Information:- D M ELECTRONICS PRIVATE LIMITED [Active] CIN = U31909DL1997PTC087620

Company & Directors' Information:- M. A. ELECTRONICS PRIVATE LIMITED [Active] CIN = U40101WB2007PTC121034

Company & Directors' Information:- D S ELECTRONICS PRIVATE LIMITED [Active] CIN = U32109DL2004PTC126986

Company & Directors' Information:- S S G ELECTRONICS PRIVATE LIMITED [Active] CIN = U31909DL1998PTC092657

Company & Directors' Information:- INDIA CORPORATION PRIVATE LIMITED [Active] CIN = U65990MH1941PTC003461

Company & Directors' Information:- R S M ELECTRONICS PRIVATE LIMITED [Strike Off] CIN = U33111TN1987PTC014843

Company & Directors' Information:- C. G. ELECTRONICS PRIVATE LIMITED [Strike Off] CIN = U52334UP1992PTC014453

Company & Directors' Information:- S G ELECTRONICS PVT LTD [Strike Off] CIN = U31909WB1992PTC055977

Company & Directors' Information:- C S R ELECTRONICS PRIVATE LIMITED [Active] CIN = U32101DL1983PTC017212

Company & Directors' Information:- C. ELECTRONICS PVT. LTD. [Under Liquidation] CIN = U51433WB1991PTC052848

Company & Directors' Information:- V B ELECTRONICS PVT LTD [Active] CIN = U29308GJ1982PTC005087

Company & Directors' Information:- R G M ELECTRONICS PRIVATE LIMITED [Active] CIN = U32109DL1998PTC096022

Company & Directors' Information:- N E B ELECTRONICS PRIVATE LIMITED [Under Liquidation] CIN = U32300MH2004PTC145675

Company & Directors' Information:- H D ELECTRONICS PRIVATE LIMITED [Strike Off] CIN = U29308WB2008PTC121476

Company & Directors' Information:- A G ELECTRONICS PRIVATE LIMITED [Active] CIN = U32109WB2007PTC116846

Company & Directors' Information:- V M K ELECTRONICS PRIVATE LIMITED. [Active] CIN = U31908DL2007PTC162969

Company & Directors' Information:- C H C INFORMATION TECHNOLOGY LIMITED [Strike Off] CIN = U72200WB2001PLC093126

Company & Directors' Information:- B. T. ELECTRONICS PRIVATE LIMITED [Strike Off] CIN = U29309TG1998PTC030240

Company & Directors' Information:- ELECTRONICS (INDIA) PVT LTD [Active] CIN = U29306WB1991PTC053380

Company & Directors' Information:- S N J ELECTRONICS PRIVATE LIMITED [Active] CIN = U32305DL2004PTC131140

Company & Directors' Information:- C K ELECTRONICS PRIVATE LIMITED [Strike Off] CIN = U30007CH1999PTC023193

Company & Directors' Information:- A K G ELECTRONICS PRIVATE LTD [Strike Off] CIN = U31909DL1984PTC017616

Company & Directors' Information:- S L ELECTRONICS PRIVATE LIMITED [Active] CIN = U74899DL1984PTC019260

Company & Directors' Information:- H B S A ELECTRONICS PRIVATE LIMITED [Active] CIN = U29309PB1995PTC017227

Company & Directors' Information:- A A ELECTRONICS PRIVATE LIMITED [Active] CIN = U74899DL1988PTC031562

Company & Directors' Information:- R K G ELECTRONICS PRIVATE LIMITED [Active] CIN = U29191DL1996PTC075531

Company & Directors' Information:- H K ELECTRONICS PRIVATE LIMITED [Converted to LLP] CIN = U32200MH1992PTC067704

Company & Directors' Information:- S M C ELECTRONICS PRIVATE LIMITED [Active] CIN = U29248UR2015PTC001680

Company & Directors' Information:- D V G ELECTRONICS PRIVATE LIMITED [Strike Off] CIN = U40300UP2015PTC072080

Company & Directors' Information:- E K ELECTRONICS PRIVATE LIMITED [Active] CIN = U31900PN2010PTC135750

Company & Directors' Information:- V R INFORMATION TECHNOLOGY PRIVATE LIMITED [Active] CIN = U72900MH2000PTC128632

Company & Directors' Information:- A B ELECTRONICS PRIVATE LIMITED [Strike Off] CIN = U74899DL2000PTC103497

Company & Directors' Information:- L P ELECTRONICS PVT LTD [Strike Off] CIN = U72200WB1980PTC033179

Company & Directors' Information:- K M S ELECTRONICS PVT LTD [Strike Off] CIN = U52335WB1994PTC065698

Company & Directors' Information:- R M ELECTRONICS PVT LTD [Strike Off] CIN = U32109WB1988PTC045429

Company & Directors' Information:- K. K. INFORMATION TECHNOLOGY PRIVATE LIMITED [Active] CIN = U72200OR2009PTC011100

Company & Directors' Information:- R V ELECTRONICS PRIVATE LIMITED [Strike Off] CIN = U31909PN2003PTC017582

Company & Directors' Information:- P C S L ELECTRONICS PVT LTD [Active] CIN = U51505WB1996PTC077466

Company & Directors' Information:- D V C ELECTRONICS INDIA PRIVATE LIMITED [Strike Off] CIN = U32201DL1996PTC077906

Company & Directors' Information:- K J ELECTRONICS PRIVATE LIMITED [Strike Off] CIN = U29299MH1996PTC099288

Company & Directors' Information:- K R A ELECTRONICS PRIVATE LIMITED [Strike Off] CIN = U32109DL2005PTC140367

Company & Directors' Information:- A C R ELECTRONICS PRIVATE LIMITED [Active] CIN = U29100KA2013PTC071197

Company & Directors' Information:- N N ELECTRONICS PRIVATE LIMITED [Strike Off] CIN = U74899DL1994PTC058398

Company & Directors' Information:- U V ELECTRONICS PVT LTD [Strike Off] CIN = U29308MP1985PTC002738

Company & Directors' Information:- INDIA ELECTRONICS LIMITED [Under Liquidation] CIN = U99999RJ1981PLC002349

Company & Directors' Information:- C R ELECTRONICS PRIVATE LIMITED [Strike Off] CIN = U32103MH1979PTC021696

Company & Directors' Information:- A. C. ELECTRONICS PRIVATE LIMITED [Strike Off] CIN = U32100TG1997PTC027030

Company & Directors' Information:- B R B ELECTRONICS PVT LTD [Strike Off] CIN = U31100TG1994PTC018195

Company & Directors' Information:- A K ELECTRONICS PVT LTD [Strike Off] CIN = U00379BR1986PTC002265

Company & Directors' Information:- L AND S ELECTRONICS PRIVATE LIMITED [Active] CIN = U74899DL1980PTC011153

Company & Directors' Information:- A S ELECTRONICS PRIVATE LIMITED [Strike Off] CIN = U74899DL1990PTC042519

Company & Directors' Information:- F M S ELECTRONICS PRIVATE LIMITED. [Strike Off] CIN = U32109CH1988PTC008596

Company & Directors' Information:- A M K ELECTRONICS PVT LTD [Active] CIN = U32301CH1980PTC004291

Company & Directors' Information:- K G ELECTRONICS PRIVATE LIMITED [Active] CIN = U74899DL1987PTC027723

Company & Directors' Information:- U S ELECTRONICS PVT LTD [Amalgamated] CIN = U32109MH1981PTC024519

Company & Directors' Information:- U A ELECTRONICS PRIVATE LIMITED [Strike Off] CIN = U74899DL1997PTC090003

Company & Directors' Information:- G P ELECTRONICS PVT LTD [Strike Off] CIN = U31103WB1983PTC035762

Company & Directors' Information:- G R ELECTRONICS PVT LTD [Strike Off] CIN = U32101PB1985PTC006219

Company & Directors' Information:- J L ELECTRONICS PRIVATE LIMITED [Strike Off] CIN = U31900KA1995PTC018631

Company & Directors' Information:- S. M. G. ELECTRONICS PRIVATE LIMITED [Strike Off] CIN = U32107DL1986PTC023467

Company & Directors' Information:- I D S ELECTRONICS PRIVATE LIMITED [Strike Off] CIN = U32109DL1995PTC074417

Company & Directors' Information:- P C ELECTRONICS PVT LTD [Strike Off] CIN = U32301CH1994PTC015359

Company & Directors' Information:- S V ELECTRONICS LIMITED [Strike Off] CIN = U29309TG1999PLC031988

Company & Directors' Information:- H P ELECTRONICS PRIVATE LIMITED [Strike Off] CIN = U29100PN2011PTC138672

Company & Directors' Information:- S A I S INFORMATION TECHNOLOGY PRIVATE LIMITED [Active] CIN = U72100TN2010PTC075284

Company & Directors' Information:- P T ELECTRONICS PRIVATE LIMITED [Active] CIN = U31909MH1999PTC119296

Company & Directors' Information:- S I ELECTRONICS PRIVATE LIMITED [Strike Off] CIN = U74900PN2010PTC136038

Company & Directors' Information:- I. V. ELECTRONICS PRIVATE LIMITED [Strike Off] CIN = U51909MH2011PTC214508

Company & Directors' Information:- R N D ELECTRONICS PRIVATE LIMITED [Strike Off] CIN = U74900JK2011PTC003270

Company & Directors' Information:- P B ELECTRONICS PRIVATE LIMITED [Strike Off] CIN = U32109HP1997PTC019625

Company & Directors' Information:- K S K ELECTRONICS PRIVATE LIMITED [Active] CIN = U31101DL2006PTC148357

Company & Directors' Information:- Y P ELECTRONICS PRIVATE LIMITED [Active] CIN = U31401DL2009PTC189107

Company & Directors' Information:- A R ELECTRONICS PRIVATE LTD. [Active] CIN = U74899DL1985PTC022843

Company & Directors' Information:- U P S ELECTRONICS PRIVATE LIMITED [Active] CIN = U74899DL1987PTC027323

Company & Directors' Information:- INDIA X-ON ELECTRONICS PRIVATE LIMITED [Active] CIN = U51909DL2017PTC311261

Company & Directors' Information:- A B J ELECTRONICS PRIVATE LIMITED [Strike Off] CIN = U74999DL2011PTC226921

Company & Directors' Information:- S H INFORMATION TECHNOLOGY PRIVATE LIMITED [Strike Off] CIN = U72200DL2005PTC135610

Company & Directors' Information:- T H ELECTRONICS PRIVATE LIMITED [Strike Off] CIN = U32109DL1996PTC075539

Company & Directors' Information:- U AND U ELECTRONICS PRIVATE LIMITED [Strike Off] CIN = U32109DL2001PTC112361

Company & Directors' Information:- A AND W ELECTRONICS PRIVATE LIMITED [Strike Off] CIN = U32109DL2005PTC139906

Company & Directors' Information:- V N ELECTRONICS PRIVATE LIMITED [Active] CIN = U32200DL2009PTC188507

Company & Directors' Information:- J & H ELECTRONICS PRIVATE LIMITED [Active] CIN = U32204DL2015PTC276268

Company & Directors' Information:- B N ELECTRONICS PRIVATE LIMITED [Strike Off] CIN = U32210DL2000PTC107871

Company & Directors' Information:- ON ELECTRONICS PRIVATE LIMITED [Active] CIN = U74990KA2009FTC083028

Company & Directors' Information:- S V S ELECTRONICS PRIVATE LIMITED [Strike Off] CIN = U32300DL1993PTC053405

Company & Directors' Information:- V R ELECTRONICS PRIVATE LIMITED [Strike Off] CIN = U31101KA1975PTC002784

Company & Directors' Information:- H V M ELECTRONICS PRIVATE LIMITED [Strike Off] CIN = U31200UP1988PTC010212

Company & Directors' Information:- P AND A ELECTRONICS PRIVATE LIMITED [Strike Off] CIN = U32109DL1990PTC040859

Company & Directors' Information:- L P ELECTRONICS PRIVATE LIMITED [Active] CIN = U99999MH1974PTC017722

Company & Directors' Information:- S R ELECTRONICS PRIVATE LIMITED [Strike Off] CIN = U99999DL1988PTC034382

Company & Directors' Information:- A. M. ELECTRONICS PVT. LTD. [Strike Off] CIN = U36997WB1981PTC033742

    W.P. No. 5927 of 2017 & W.M.P. No. 6334 of 2017

    Decided On, 04 September 2017

    At, High Court of Judicature at Madras

    By, THE HONOURABLE MR. JUSTICE HULUVADI G. RAMESH & THE HONOURABLE MR. JUSTICE RMT. TEEKAA RAMAN

    For the Petitioner: S. Karthikei Balan, Advocate. For the Respondents: R1 to R3, C.V. Ramachandra Murthy, Central Govt.Standing Counsel.



Judgment Text

(Prayer: Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorari calling for the records in relation to the order passed in O.A.No.1228 of 2015 dated 19.01.2017 by the fourth respondent and quash the same and consequently allow the O.A.No. 1228 of 2015 filed by the petitioner as prayed for.)

Huluvadi G. Ramesh, J.

1. This writ petition has been filed to quash the order passed by the fourth respondent in O.A.No.1228 of 2015 dated 19.01.2017, wherein the claim of the petitioner that he was not considered in the review for promotion to the post of Tradesman 'F' in the year 2009, was rejected.

2. It is stated by the petitioner that he joined as Key Punch Operator in the National Informatics Centre, New Delhi in the year 1980 and later got transferred to Chennai on 18.07.1981 and worked in various capacities and retired as Tradesman 'F' on 30.06.2015. The petitioner states that he was promoted as Tradesman 'F' only in the year 2011, whereas he ought to have been promoted in the year 2009 itself. The petitioner filed an application in O.A.No.575 of 2011 before the fourth respondent-Tribunal and the Tribunal disposed of the said application on 18.04.2013 with a direction to the respondents 1 to 3 to pass appropriate orders on the representation made by the petitioner.

3. On the direction by the Tribunal, the Deputy Director of National Informatics Centre, New Delhi, passed an order on 25.06.2013 stating that the petitioner's name was not recommended by the Screening Committee for personal interview since he has secured only 84 marks whereas the Benchmark was 85 marks. Against the said order, the petitioner made an appeal to the second respondent and the same was rejected on 27.04.2015. Aggrieved by the same, the petitioner filed another application in O.A.No.1228 of 2015 on the file of the fourth respondent, which came to be dismissed on 19.01.2017. Challenging the said order, the present writ petition is filed.

4. The learned counsel for the petitioner submitted that the petitioner's name was not considered for review promotion in the year 2009 for no fault of him. The learned counsel states that the petitioner was promoted as Tradesman 'E' on 12.10.1992 and thereafter the review promotion took place only in the year 2009. According to him, the only criteria to be seen for promotion of the petitioner is his Annual Performance Appraisal Report in the preceding 5 years of the date of promotion. Referring to the Benchmark Table, the counsel submitted that till 2009, the Annual Performance Appraisal Report scores have been rated only on the basis of A+, A, B+, B and C Grades and no numerical values were assigned and only from September 2009, the numerical grading has been introduced. Therefore, the benchmark for promotion till 2009 ought to have been done only on the basis of the grades given among A+, A, B+, B and C Grades and not otherwise, according to the learned counsel for the petitioner. It is also submitted that no opportunity was given to the petitioner as to why he was not qualified to be promoted as Tradesman 'F' in the year 2009, nor any communication has been sent to him for his non-selection. The only reason assigned by the Department is that the petitioner failed to secure 85 marks whereas he has only secured 84 marks, which according to the learned counsel for the petitioner, is unsustainable. Stating so, the learned counsel for the petitioner prayed for allowing this writ petition.

5. A counter affidavit has been filed by the Deputy Director (Admn.), National Informatics Centre, Government of India, Namakkal Kavignar Maligai, Fort St.George, Secretariat, Chennai, on behalf of the respondents 1 to 3, in which it is stated that the name of the petitioner for promotion to the Grade of Tradesman 'F' was considered by the duly constituted screening committee in the year 2009 itself and he was not given promotion only on account of the fact that he secured only 84% marks as against the prescribed 85% qualifying marks based on the grading in the Annual Performance Appraisal Report of the preceding five years. It is further stated that the grades assigned to the petitioner in the Annual Performance Appraisal Report for the period under consideration by the Screening Committee were converted to percentage as per the 10-point scale giving 10 marks for 'Outstanding', 8 marks for 'Very good', 6 marks for 'Good', 4 marks for 'Average' and zero for 'Poor', and since the petitioner could secure only 84% as against the minimum prescribed marks of 85%, his name was not screened for further consideration.

6. It is also stated in the counter affidavit that before commencement of selection process for a particular year, circulars were issued to all the eligible officials, their reporting officers, Heads of Departments, etc., indicating therein the scheme of promotion to be followed in the case of S&T officials (non-gazetted) below Group-A level. It is also stated that a copy of the circular issued by the National Informatics Centre in Circular No.2(5)/2009-Pers. dated 08.09.2009 intimating the decision of the competent authority to hold reviews in respect of Scientific / Technical Assistant and Tradesman who are completing the minimum residency period as on 1st October 2009 for promotion to next higher grade in terms of approved Flexible Complementing Scheme was duly conveyed to all the individuals including the petitioner.

7. Reiterating the submissions made in the counter affidavit filed on behalf of the respondents 1 to 3, the learned standing counsel appearing for the respondents 1 to 3 has submitted that six candidates including the petitioner, were considered by the screening committee and only two candidates who had secured 85% marks were promoted, and the remaining four persons were rejected and the petitioner is one of such four persons. Stating so, he prayed for dismissal of this writ petition.

8. Having heard the submissions made on either side and having gone through the materials available on record, we are of the considered view that whatever averred by the petitioner cannot be accepted straightaway in view of the overall performance being considered by the screening committee at the time of marking the grades. Since the petitioner fell short of 1%, ie., he obtained only 84% marks against the minimum requirement of 85% marks in the interview, he was not considered for selection.

9. A copy of the official memorandum of the Ministry of Information Technology Electronics, Niketan, New Delhi, in No.1(1)/2000-Pers.III dated 06.08.2001, is enclosed in Page No.16 of the typed set of papers, in which it is seen in paragraph-4 that based on the clarification received from the Department of Personnel & Training, the criteria of marks for the first opportunity of promotion of S&T officers in all Group 'A' posts on the basis of the assessment of the Annual Confidential Reports and interview have been reduced from 90% to 85%. It is seen from paragraph-5 of the counter affidavit filed on behalf of the respondents 1 to 3 that a copy of the circular issued by the National Informatics Centre in Circular No.2(5)/2009-Pers.dated 08.09.2009 intimating the decision of the competent authority to hold reviews in respect of Scientific / Technical Assistant and Tradesman who are completing the minimum residency period as on 1st October 2009 for promotion to next higher grade in terms of approved Flexible Complementing Scheme was duly conveyed to all the individuals including the petitioner. Similar circulars were also issued to all the State Informatics Officers including that of the petitioner for their information and as such the petitioner was well aware of the percentage of marks, ie. 85% to be scored to be eligible for consideration for promotion. It is also stated that the reasons for not shortlisting the petitioner's name for interview by the screening committee for the year 2009 were intimated to him by the official memorandum dated 27.04.2015.

10. Further, it is the submission of the learned standing counsel for the respondents 1 to 3 that during the period from 2009 to 2011, the petitioner did not raise

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any grievance about the non-grant of promotion in the year 2009. This aspect has been rightly observed by the Central Administrative Tribunal (Madras Bench) in its order under challenge in this writ petition. The Tribunal has also observed that there were no adverse remarks found in the Annual Performance Appraisal Reports for the relevant years and as such the contention of the petitioner that the gradings in the Annual Performance Appraisal Reports have not been communicated to him is not maintainable. It is also clear from the records that only two candidates who had secured 85% marks were promoted, and the remaining four of them including the petitioner were rejected since they had secured only 84% marks. 11. In view of the above stated reasons, we find no merit in this writ petition and accordingly the writ petition is dismissed. No costs. Consequently, the connected miscellaneous petition is closed.
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