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Madras High CourtWP/50208/2006dismissed

Kalaiarasi v. The Dist Collector

2018-12-18Honourable Mr Justice S.M. Subramaniam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.12.2018

CORAM

THE HONOURABLE Mr. JUSTICE S.M.SUBRAMANIAM W.P.No.50208 of 2006 Kalaiarasi ....Petitioner -vsThe District Collector, Cuddalore District, Tamil Nadu.

...Respondent

Prayer: Writ Petition is filed under Article 226 of the Constitution of India, for the issuance of a Writ of Mandamus, directing the respondent to consider and appoint the petitioner to the post of Cook under the Social Welfare and Nutrition Scheme as per Government order No.166/DS(B),2005 dated 30.05.2005 in Pudukottai Panchayat on the basis of the notification issued by the respondent in August 2006, with all other consequential relief's including wages. For Petitioner : Mr.V.Ajayakumar For Respondents: Mrs.R.Janaki Addl Government Pleader.

O R D E R

The relief sought for in the present writ petition is for a direction to direct the respondents to consider and appoint the writ petitioner to the post of Cook under the Social Welfare and Nutrition Scheme as per Government order No.166/DS(B),2005 dated 30.05.2005 in Pudukottai Panchayat on the basis of the notification issued by the respondent in August 2006.

2. The writ petitioner states that she has studied up to 7th standard and belong to Scheduled Caste Community, therefore she is entitled to get benefit of reservation. The respondent had issued a notification in August 2006 enabling the applicant appointed to the post of Cook under the Social Welfare and Nutrition Scheme. The writ petitioner claims that she is a permanent resident of Pudukottai Panchayat, and therefore she is eligible for appointment. However, the case of the writ https://hcservices.ecourts.gov.in/hcservices/

petitioner has not been considered. Thus, the writ petitioner is constrained to move the present writ petition.

3. Appointment can never be claimed as a matter of right. All appointments are to be made by following the recruitment rules in force strictly. The writ petitioner is at liberty to participate in the process of selection in accordance with the procedures contemplated.

However, mere submission of application or even the selection will not confer any right on the candidate to claim appointment. In the present case, the writ petitioner claims appointment on the ground that she is eligible and qualified for appointment to the post of Cook in Pudukottai Panchayat, in Cuddalore District.

4. The file on 20.01.2006 seeking appointment and .. This apart, the writ petitioner was not appointed and therefore the relief as such sought for in the present writ petition cannot be granted. Accordingly, the writ petition stands dismissed. No Costs.

s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar Pkn To The District Collector, Cuddalore District, Tamil Nadu.

W.P.No.50208 of 2006 CP(CO) SP(07/02/2019) https://hcservices.ecourts.gov.in/hcservices/