M.Madarasu, W/O.Murthy v. The Principal Secretary To

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04-02-2019

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.424 of 2018 And W.M.P.No.477 of 2018 M.Madarasu ... Petitioner Vs 1.The Principal Secretary to Government, Secretariat, Fort St. George, Chennai-600 009.

2.The Secretary to Government, Department of Animal Husbandry, Fort St. George, Chennai-600 009.

3.The Director, Tamil Nadu Animal husbandry and Veterinary Services, DMS Campus, Teynampet, Chennai-600 006.

... Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the third respondent to appoint the petitioner as Office Assistant in the third respondent Office based on the petitioner's representation dated 2.1.2018. For Petitioner : Mr.M.Saravanakumar For Respondents : Mr.R.S.Selvam, Government Advocate.

* * * *

O R D E R

The relief sought for in the present writ petition is for a direction to direct the third respondent to appoint the writ petitioner as Animal Husbandry Assistant in the third respondent Office based on the representation submitted by the writ petitioner on 2.1.2018.

2. Submission of a mere representation to the respondents will not confer any right on the writ petitioner to claim appointment.

3. The learned counsel for the writ petitioner states that the writ petitioner had already participated in the interview twice and thereafter, submitted an application and therefore, her case ought to have been considered by the authorities for providing an appointment.

4. Appointment can never be claimed as a matter of legal right. All appointments are to be made only under Constitutional Schemes and by following the Recruitment Rules in force.

5. The writ petitioner can secure appointment only by participating in the selection process. Mere participating in the interview process cannot be a ground to claim appointment as a matter of right.

6. Under these circumstances, the very claim set out in the writ petition is untenable and the writ petitioner has not established even a semblance of legal right, so as to consider the relief, as such, sought for in the present writ petition.

7. Accordingly, the writ petition is devoid of merits and the writ petition stands dismissed. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is also dismissed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar Svn

To

1. The Principal Secretary to Government, Secretariat, Fort St. George, Chennai-600 009.

2. The Secretary to Government, Department of Animal Husbandry, Fort St. George, Chennai-600 009.

3. The Director, Tamil Nadu Animal husbandry and Veterinary Services, DMS Campus, Teynampet, Chennai-600 006.

+1 cc to Mr.Saravanakumar, Advocate, S.R.No.9279 +1 cc to the Government Pleader, S.R.No.9709 W.P.No.424 of 2018 MP(CO) SSM(22/02/2019)