Sophia v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20-02-2019

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.3543 of 2018 Mrs.Sophia ..

Petitioner - Vs. - 1.The District Collector, Thiruvannamalai District, 2.The District Project Officer, Child Development, Thiruvannamalai Disrict, 3.The Project Officer, Child Development, Kalasapakkam Taluk, .. Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of directing the first respondent to consider the representation given by the petitioner on 30.1.2018 for the appointment of an Anganwadi Assistant in Anganvadi Centre, Kamarajar Nagar, Aniyalai Village, Padagam Post, Kalasapakkam Taluk, Thiruvannamalai District.

For Petitioner : Mr.R.Prabudoss For Respondents : Mr.A.N.Thambidurai, Special Government Pleader.

O R D E R

The relief sought for by the writ petitioner in the present writ petition is for a direction to direct the first respondent to consider the representation submitted by the writ petitioner on 30.1.2018 for appointment to the post of an Anganwavi Assistant in Anganvadi Centre, Kamarajar Nagar,

Aniyalai Village, Padagam Post, Kalasapakkam Taluk,

2. The learned Special Government Pleader, appearing on behalf of the respondents, states that the post of Anganwadi Village Assistant is kept vacant, as the said post is reserved for Scheduled Caste Community (Priority).

3. In view of the fact that no qualified candidates submitted the application, the said post is kept vacant. However, the writ petitioner cannot be considered for permanent appointment merely based on the representation submitted by her.

4. The learned counsel for the writ petitioner states that the writ petitioner submitted her representation in this regard. However, mere submission of representation would not confer any right on the writ petitioner to secure permanent appointment. All appointments are to be made only by following the Recruitment Rules in force and providing equal opportunity to all the eligible candidates, who all are aspiring to secure public employments by participating in the selection process.

5. Thus, in the event of issuing any Recruitment Notification, the writ petitioner has to submit her application, participate in the process of selection and if she is selected, then she can claim her appointment and not otherwise. Mere submission of representation, no writ petition can be entertained. Thus, the writ petitioner has not established even a semblance of any legal right for the purpose of providing public employment. Thus, the relief, as such, sought for by the writ petitioner in the present writ petition, cannot be granted.

6. Accordingly, the writ petition stands dismissed. However, there shall be no order as to costs. Sd/- Assistant Registrar //True copy// Sub Assistant Registrar Svn To 1.The District Collector, Thiruvannamalai District,

2.The District Project Officer, Child Development, Thiruvannamalai Disrict, 3.The Project Officer, Child Development, Kalasapakkam Taluk, +1cc to Mr.R.Prabudoss, Advocate SR.No.16691 +1cc to Government Pleader SR.No.16642 WP 3543 of 2018 MG(CO) GMY(11/03/2019)