M.Sumathi, v. The Secretary To The Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.09.2023

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and W.M.P.No.20755 of 2023 M.Sumathi ... Petitioner -Vs1. The Secretary to the Tamil Nadu Government, Public Department, St.George Fort, Chennai-600 009.

2. The District Collector,

3. The Revenue Divisional Officer, Revenue Divisional Office, Jayangondan, Ariyalur District.

4. The Tashildar, Taluk Office, Jayangondan, Ariyalur District.

5. P.Joshnsirani ... Respondents Prayer:- Writ Petition filed under Article 226 of Constitution of India praying for the issuance of Writ of Declaration, declaring that the appointment of the 5th respondent as Village Assistant under Village Administrative Officer at Devanur Village, Udayarpalayam Taluk, Ariyalur District by the 4th respondent

as null and void and consequentially directing the 4th respondent to appoint petitioner as Village Assistant under Village Administrative Officer at Devanur Village, Udayarpalayam Taluk, Ariyalur District. For Petitioner : Mr.K.Natarajan For R1 to R4 : Mr.V.Veluchamy Additional Government Pleader For R5 : Mr.M.Vignesh for Mr.M.Kavikannan

ORDER

This writ petition has been filed for the issuance of Writ of Declaration, declaring that the appointment of the 5th respondent as Village Assistant under Village Administrative Officer at Devanur Village, Udayarpalayam Taluk, Ariyalur District by the 4th respondent as null and void and consequentially directing the 4th respondent to appoint the petitioner as Village Assistant under Village Administrative Officer at Devanur Village, Udayarpalayam Taluk,

2. Heard the learned counsel for the petitioner, the learned Additional Government Pleader for the respondents 1 to 4 and the learned counsel for the fifth respondent and perused the materials available on record.

3. The petitioner is qualified with 10th standard and she got enrolled in the District Employment Exchange. There was vacancy available for the post of Village Assistant in Village Administrative Office, Devanur Village, Udayarpalayam Taluk, Ariyalur District. As per the notification, the petitioner applied for the said post. She was called for an interview on 25.04.2015. She attended the interview and also produced all the original documents. However, she was not selected and the fifth respondent was selected for the post of Village Assistant in the Village Administrative office.

4. The learned counsel for the petitioner would submit that the petitioner is senior to the fifth respondent, while registering in the Employment Exchange. No reasons were stated for non selection of the petitioner and as such, the petitioner challenged the appointment of the fifth respondent.

5. A perusal of the counter filed by the fourth respondent revealed that the details of the vacancy position of the Village Assistant and eligibility norms were published in the newspaper. There were 12 candidates applied for the post of Village Assistant viz., 6 female and 6 male candidates. 6 male candidates were summarily rejected because of the post is reserved for women candidate. Other women eligible candidates were called for an interview to be held on

25.04.2015, by the fourth respondent. After following the guidelines issued in G.O.Ms.No.521, Revenue Department, dated 17.06.1998 and G.O.Ms.No.44, Labour and Employment (T2) Department, dated 11.03.2015, selection was made and accordingly, the fifth respondent was appointed to the post of Village Assistant under the Village Administrative Officer. As per the Government Order, no priority can be given for the seniority in registration of Employment Exchange.

6. Therefore, the ground raised by the petitioner cannot be considered and the writ petition is devoid of merits and is liable to be dismissed. Accordingly, this writ petition stands dismissed. Consequently, connected Miscellaneous petitions are closed. No costs. 21.09.2023 Internet : Yes Index : Yes/No Speaking order/Non-speaking order mn

To

1. The Secretary to the Tamil Nadu Government, Public Department, St.George Fort, Chennai-600 009.

2. The District Collector,

3. The Revenue Divisional Officer, Revenue Divisional Office, Jayangondan, Ariyalur District.

4. The Tashildar, Taluk Office, Jayangondan, Ariyalur District.

G.K.ILANTHIRAIYAN, J.

mn 21.09.2023