G.Saraswathi v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 05.12.2018
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM W.P.No.24174 of 2004 and W.M.P.Nos.29344 & 29345 of 2004 G.Saraswathi, W/o.K.Venkarathinam, Janakapuram Village, Paravathur Post, Arakkonam Taluk, Vellore District.
.. Petitioner ..Vs..
1. The State of Tamil Nadu Rep.by its Secretary to Government Personnel and Administrative Reforms Department, Fort St.George, Chennai - 9.
2. The District Collector, Vellore District, Sathuvahcari, Vellore - 9.
3. The District Employment Officer, Vellore District, Vellore.
4. The Revenue Divisional Officer, Ranipet, Vellore District.
5. The Chief Educational Officer, Vellore District.
.. Respondents PRAYER : Petition filed Under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records of the third respondent in his proceedings A1/11832/2003 dated 05.01.2004 and quash the same and direct the third respondent to register the petitioner's name on a priority basis.
For Petitioner : Mr.A.R.Nixon for M/s.Peppin Fernandonixon For Respondents : Mr.Akhil Akbar Ali Government Advocate for R1 to R4 Mr.A.Raja Perumal Additional Government Pleader for R5
O R D E R
The order of rejection dated 05.01.2004 rejecting the claim of the writ petitioner for providing priority for public employment under the land losers category is under challenge in the present writ petition.
2. The learned counsel for the writ petitioner states that the lands belong to the family of the writ petitioner's were acquired by the second respondent during the year 1997 and accordingly, one of the family member is eligible to get a public employment on priority basis. In this regard the Government also issued G.O.Ms.No.188 Personnel and Administrative Reforms Department dated 28.12.1976 granting priority and accordingly a list was prepared. The writ petitioner also submitted an application for providing public employment under the priority category. However, the case of the writ petitioner was rejected by the District Employment Officer, Vellore, on the ground that the writ petitioner had got married and therefore, she is not eligible to avail the benefit of the public employment under the priority category.
3. This Court is of an opinion that public appointments under the special schemes ought to be provided strictly in accordance with the terms and conditions of the scheme. There cannot be any violation of the conditions stipulated in the scheme for the purpose of providing public employment. All appointments to the public posts are to be done only under the constitutional schemes and by following the recruitment rules in force. All eligible persons must be given an opportunity to participate in the process of selection through open competitive process.
4. Equal opportunity in public employment is a constitutional mandate. Thus, special schemes are to be implemented restrictedly so as to ensure that the equality clause enshrined in the Article 14 & 16 are upheld by the State. Thus, the special schemes are to be restricted for the purpose of mitigating the hardship if any caused to an individual citizens. However, the special schemes should not exceed so as to deprive the meritorious candidates to secure public
employment by participating in the open competitive process. This being the constitutional principles to be followed, this Court is of an opinion that there is no error or infirmity in respect of the order of rejection passed by the respondents in the present writ petition on hand. Accordingly, the writ petitioner has failed to establish any legal right so as to consider the relief as such sought for in the present writ petition.
4. Accordingly, the present writ petition stands dismissed. No Costs. Consequently, connected miscellaneous petitions are closed.
Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar Pkn/Pns To
1. The Secretary, State of Tamil Nadu Personnel and Administrative Reforms Department, Fort St.George, Chennai - 9.
2. The District Collector, Vellore District, Sathuvahcari, Vellore - 9.
3. The District Employment Officer, Vellore District, Vellore.
4. The Revenue Divisional Officer, Ranipet, Vellore District.
5. The Chief Educational Officer, Vellore District.
+1 cc to the Government Pleader, S.R.No.85070 W.P.No.24174 of 2004 EV(CO) SSM(07/01/2019)