Dr.Mohammed Waseem v. The Secretary To Govt. Of Tamilnadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.02.2019
CORAM
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.NO.5118 of 2019 Dr.Mohammed Waseem .... Petitioner Vs 1.The Secretary to Government of Tamil Nadu Health and Family Welfare Department Fort St.George, Chennai - 600 009.
2.The Secretary, Tamilnadu Board of Indian Medicine, Poonamallee High Road Arumbakkam, Chennai - 600 106.
3.The Secretary, Tamilnadu Public Service Commission, (Office near Broadway Bus Stand) Chennai 600 104.
...
Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the first respondent to consider and pass orders on the representation of the petitioner dated 24.10.2018 on merits.
For Petitioner : Mr.Haja Mohideen Gisthi For Respondents 1&2 : Ms.P.Rajalakshmi, Additional Government Pleader For Respondent No.3 : Dr.M.Devendran, Standing Counsel for TNPSC
O R D E R
Appointment can never be claimed as a matter of right. A candidate eligible for a particular post or cadre cannot file a writ petition, seeking direction from the High Court that the posts are to be filled up, as the candidate is qualified. The very idea made out in this regard is not supported with any legal right. The eligible candidate has no right, whatsoever, to seek for a direction to fill up the posts. Conducting the selection process is the administrative prerogative and the competent authorities have to take a decision to fill up the public posts. In the event of taking an administrative decision to fill up public posts and if any recruitment notification is issued, then alone the eligible candidates can submit their respective applications for the https://hcservices.ecourts.gov.in/hcservices/
purpose of participating in the process of selection, in order to secure public employment on merits and through the competitive process. Thus, mere eligibility or possession of qualification would not confer any legal right to file a writ petition and claim that the posts are vacant and therefore, those posts are to be filled up by considering the name of the writ petitioners. Such a claim is in violation to the equality clause enshrined in the Constitution of India. Equal opportunity in public employment is a constitutional mandate. Therefore, all eligible persons must be provided with an opportunity to participate in the process of selection.
2. The writ petitioner claims that he is eligible and qualified for appointment to the post of Assistant Medical Officer (Unani) and therefore in the arising vacancies at Chennai and Trichy, his name must be considered for appointment. Such a relief cannot be granted. Only when a recruitment notification is issued, the writ petitioner is at liberty to participate in the process of selection and secure public employment on merits and based on the rules and regulations and as per the service rules in force. This Court wishes the writ petitioner to get public employment and it is open to the writ petitioner the participate in the selection process. The writ petition is devoid of any merits and stands dismissed. No costs.
Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar KST To 1.The Secretary to Government of Tamil Nadu Health and Family Welfare Department Fort St.George, Chennai - 600 009.
2.The Secretary, Tamilnadu Board of Indian Medicine, Poonamallee High Road Arumbakkam, Chennai - 600 106.
3.The Secretary, Tamilnadu Public Service Commission, (Office near Broadway Bus Stand) Chennai 600 104.
+1cc to Mr. Haja Mohideen Gisthi, Advocate SR.No. 16720 +1 CC TO GOVERNMENT PLEADER SR.NO.17652 +1cc to Dr.M.Devendran , Advocate SR.No. 16525 W.P.No.5118 of 2019 A.SK(20/03/2019) https://hcservices.ecourts.gov.in/hcservices/