A.Gopal, v. The Executive Director,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 07.06.2018

CORAM

THE HONOURABLE MR.JUSTICE SATRUGHANA PUJAHARI W.P.No.30877 of 2017 A.Gopal ..

Petitioner

Versus

1. The Executive Director, MYRADA, No.2, Service Road, Domlur Layout, Bangalore - 560 071

2. The Executive Director, MYRADA, 272, Perumal Nagar, Puduvalliampalayam Road, Kalligiyam Post, Gopi Chettipalayam Taluk, Erode District - 638 453.

3. P.Alagesan .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, seeking for a writ of Mandamus directing the respondents 1 & 2 to take appropriate action on the illegal appointment of 3rd respondent herein as Programme Coordinator in the office of the 2nd respondent by considering the petitioner representation dated 03.01.2017 respectively.

For Petitioner : Mr.R.Marudhachalamurthy For Respondent : Mr.V.Jayaprakash Narayanan, Government Advocate for R1 to R3.

ORDER

It appears in this case, the petitioner who was working as a Driver in the Krishi Vigyan Kendra (KVK) located at Gobichettipalayam of Erode District functioning under the 2nd Respondent had challenged the appointment of the 3rd respondent as Programme Co-ordinator, who was appointed in the year 2009. Challenging the same, he has filed this writ petition in the year 2017 on the ground that the 3rd respondent is not fully qualified to be appointed to the post of Programme Co-ordinator.

2. The learned counsel appearing for the 3rd respondent has drawn the attention of this Court to the Counter affidavit and would submit that the petitioner has filed this writ petition with personal malafide and prays for dismissal of this writ petition.

3. Heard the submissions of learned counsel appearing for the petitioner, so also, the learned counsel appearing for the respondents.

4. Considering the facts and submissions, especially the fact that the aforesaid writ petition is not related to service dispute, inasmuch as, the petitioner is neither a prospective candidate nor had made an application to the post of Programme Coordinator in any manner, therefore, this Court is of the view that the writ petition filed by the petitioner is in the nature of Public Interest Litigation which is not maintainable under law in service matter. Accordingly, the writ petition filed by the petitioner is devoid of merit and stands dismissed. No costs.

07.06.2018 Index: Yes/No Internet: Yes/No Speaking order/Non-speaking order To

1. The Executive Director, MYRADA, No.2, Service Road, Domlur Layout, Bangalore - 560 071

2. The Executive Director, MYRADA, 272, Perumal Nagar, Puduvalliampalayam Road, Kalligiyam Post, Gopi Chettipalayam Taluk, Erode District - 638 453.

SATRUGHANA PUJAHARI.,J rka W.P.No.30877 of 2018 07.06.2018