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Madras High CourtWP/4576/2011dismissed

V.S.Manimegalai, v. The Collector,

2018-11-01Honourable Mr Justice K. Kalyanasundaram2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.11.2018

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.No.4576 of 2011 V.S.Manimegalai

...Petitioner

Vs.

1.The Collector, Vellore District, Office of the Collectorate, Sathuvachrai, Vellore - 9.

2.The District Planning Officer, Consolidated Child Development Plan, Vellore.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the respondents to follow the selection procedure and consider petitioner's application and eligibility and select petitioner as per the selection notification issued by the 1st respondent herein dated 30.11.2010.

For Petitioner : Mr.Vedavallikumar For Respondents : Mr.K.S.Suresh, G.A.

O R D E R

Heard the learned counsel for the petitioner and the learned Government Advocate for the respondents and perused the materials available on record.

2. The petitioner has come up with this petition for issuance of a Writ of Mandamus to direct the respondents to follow the selection procedure and consider the petitioner's application and eligibility and select her as per the selection notification of the first respondent, dated 30.11.2010.

3. The case of the petitioner is that she has applied for the post of Ankanvadi Paniyalar, pursuant to the notification issued by the District Collector, Vellore dated 30.11.2010. It is the case of the petitioner that she is an eligible candidate for the said post, but her application was not considered by the respondents.

https://hcservices.ecourts.gov.in/hcservices/

4. The second respondent has filed a counter affidavit stating that the Writ Petition is premature, since even before the selection process could be completed, the present Writ Petition has been filed. It is further stated that the petitioner is also being considered for the said post and she would be given appointment, if she is eligible.

5. The learned Government Advocate submitted that when the petitioner's application is under consideration, she is not entitled to challenge the notification and if she is aggrieved by the non selection, the selection list could be questioned by the petitioner in accordance with law.

6. It is not in dispute that the petitioner has applied for the post of Ankanvadi Paniyalar in pursuance of the notification of the first respondent dated 30.11.2010. When her application was pending for consideration, the present Writ Petition has been filed. Hence, in my view, the present Writ Petition is not maintainable and the same is dismissed. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar pvs To 1.The Collector, Vellore District, Office of the Collectorate, Sathuvachrai, Vellore - 9.

2.The District Planning Officer, Consolidated Child Development Plan, Vellore. +1cc to the Government Pleader, S.R.No.75899 W.P.No.4576 of 2011 VGI(CO) rrs 07/12/2018 https://hcservices.ecourts.gov.in/hcservices/