M.Venkatesan, v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23-10-2017

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.21171 of 2014 M.Venkatesan ..

Petitioner -vs1.The District Collector, Vellore District, Vellore.

2.The District Employment Officer, Vellore District, Vellore.

3.The Tahsildar, Gudiyatham Taluk, Gudiyatham, Vellore.

..

Respondents Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the first respondent to consider the representation given by the petitioner dated 23.12.2013 to appoint him as a Village Assistant or any other post by considering his age, qualification, seniority. For Petitioner - Mrs.Uma Maheswari for Mr.D.Rajagopal.

For Respondents - Mr.A.Raja Perumal, Additional Government Pleader.

ORDER

The relief sought for in this writ petition is for a direction to direct the first respondent to consider the representation submitted by the writ petitioner on 23.12.2013.

2. On perusal of the copy of the representation, which is enclosed in Page No.7 of the typed set of papers filed along with this writ petition, the writ petitioner claims Government employment in the Transport Department based on the employment seniority. The writ petitioner registered his name in the Employment Exchange on 11.8.1992 and his Registration Number is 12/07/1992. The writ petitioner has completed his X Standard and registered his name. The grievance of the writ petitioner is that though he had registered his name in the District https://hcservices.ecourts.gov.in/hcservices/

Employment Exchange in the year 1992, till the year 2004, he has not received any call letter for appointment.

3. The appointment in a public post can never be claimed as a matter of right. Mere registration of name in the District Employment Exchange will not confer any legal right on the writ petitioner to seek employment. The facility of employment exchange is provided by the State in order to get the list of names in accordance with the seniority and whenever there is a demand from the Organisation/Departments, then the Employment Exchange will sponsor the names of the candidates in accordance with their seniority and by following the rules of reservation.

4. Thus, mere registration of name in the Employment Exchange will not confer any right either to claim any appointment or to file a writ petition, seeking a direction to consider the representation. Even for a direction to consider the representation, the writ petitioner has to establish a semblance of right. In the absence of any such right, no writ can be issued in this regard.

5. Thus, no further adjudication is required to be undertaken in this writ petition. Accordingly, the writ petition stands dismissed. However, there shall be no order as to costs. Svn Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To 1.The District Collector, Vellore District, Vellore.

2.The District Employment Officer, Vellore District, Vellore.

3.The Tahsildar, Gudiyatham Taluk, Gudiyatham, Vellore.

+1cc to M/S D.Rajagopal, Advocate Sr.74844 +1cc to Government Pleader Sr.75278 WP 21171 of 2014 ***(CO) RVR 24/11/2017 https://hcservices.ecourts.gov.in/hcservices/