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Madras High CourtWP/6983/2017dismissed

B.Sivakumar v. The District Collector,

2017-04-06Honourable Mr Justice T.Raja3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.04.2017

CORAM:

THE HON'BLE MR. JUSTICE T.RAJA W.P.No.6983 of 2017 B.Sivakumar .. Petitioner Vs

1. The District Collector, Villupuram District, Villupuram.

2. The Tahsildar, Taluk Office, Villupuram, Villupuram District.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus to direct the respondents to appoint the petitioner for the post of Village Assistant in any of the notified villages in Villupuram District based on his representation dated 12.12.2016 within a stipulated time.

For petitioner : Mr.M.Senthil Kumar For Respondents : Mr.K.Rajendraprasad, GA

O R D E R

The petitioner, aged about 41 years, has filed this writ petition seeking a direction to the respondents to appoint him in the post of Village Assistant in any of the notified villages in Villupuram District based on his representation dated 12.12.2016.

2. Heard both sides.

3. It is the claim of the petitioner that the petitioner, having failed in 10th standard in the year 1991,

registered his name in the Villupuram District Employment Office on 18.05.2012 and he was assigned with the Registration No.VPD2012M00003388. Whileso, the second respondent issued a Notification dated 21.08.2015 calling for application to fill up the post of Village Assistant in the various villages of Villupuram District, namely, Panchamadevi, Kavanipakkam, Kangeyanur, Venmaniyathur, Korappur, Parasureddipalayam, Kengarampalayam and Poonthottam. Since the said post has to be filled up only through direct recruitment as well as on the basis of sponsorship by the employment exchange, the petitioner was also called for interview on 30.09.2015, but, he was not selected for the said post.

4. Therefore, aggrieved by his non-selection, he has also filed a Writ Petition No.37752 of 2015, whereby this Court, by order dated 01.07.2016, directed the respondent to dispose of the representation dated 19.11.2015 of the petitioner within a period of eight weeks. Finally, pursuant to the order of this Court, the second respondent has passed the rejection order dated 25.10.2016 informing that his candidature could not be considered under SC category as the said vacancy was reserved for MBC/DNC Priority (General) candidate.

5. Now, the second respondent has once again issued a Notification dated 21.11.2016 calling for application to fill up the post of Village Assistant in Villupuram District and they have also mentioned the age for SC/ST category as 21-35 years. Therefore, the only grievance of the petitioner is now that since he is aged about 41 years, he cannot come within the zone of consideration for appointment to the said post, hence, a direction may be issued to the respondent to appoint him by relaxing the age limit.

6. On the other hand, it is submitted by the learned Government Advocate for the respondents that when the Notification dated 21.11.2016 has mentioned clearly the age criteria for SC/ST category as 21 to 35 years, the petitioner, who is aged about 41 years now, cannot come within the zone of consideration even if relaxation of 5 years period for SC/ST category is granted to him.

7. Therefore, taking note of the fact that the petitioner has already crossed the age limit of 21-35 years fixed by the respondent, as he is aged about 41 years now, I am of the view that he cannot claim appointment to the post of Village Assistant as he is over-aged now and even if the age relaxation of 5 years is applied, he cannot come within the zone of consideration. Thus, on this score, the prayer of the petitioner seeking appointment to the post of Village Assistant cannot be entertained on the ground of over-age.

8. In fine, for the reasons stated above, the writ petition fails and the same is dismissed as devoid of any merit. No Costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar rkm To

1. The District Collector, Villupuram District, Villupuram.

2. The Tahsildar, Taluk Office, Villupuram, Villupuram District.

+1cc to the Government Pleader, S.R.No.21235 W.P.No.6983 of 2017 nrII9co0 rmp(05/05/17)