M.Maria Anthony v. The Join Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 04.06.2020
CORAM:
THE HON'BLE MR.JUSTICE V.PARTHIBAN W.P.No.7837 of 2020 1.M.Maria Anthony 2.M.Joseph Arockia Raj 3.M.Boopathi 4.P.Vincent 5.S.Kumar ... Petitioners Vs.
1. The Join Director, RaiyaSainik Board, Det o Ex-Servicemen Welfare Office, No:22, Raja MuthaiahSalai, Chennai-600 003.
2. The Chairman, Teachers Recruitment Board, D.P.I 4th Floor, College Road, EVK SampathMaligai, Chennai- 600 006.
3. The Principal Secretary to Govt.
Public (Ex-Servicemen) Department, Fort St. George, Secretariat, Chennai 600 009.
.. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Direction or a writ particularly in the nature of Writ of Mandamus, directing the Respondents to dispose of the petitioners' representation dated 22-02-2020.
For Petitioners : Mr.P.Balaji For Respondents : Mr.S.Thangavel Spl.G.P., for R3.
: Mr.C.Munusamy Spl.G.P., for R2.
ORDER
The facts which gave rise to the filing of the writ petition are briefly stated hereunder:- According to the petitioners, they attended the selection for recruitment to the post of PET teachers which was held in 2017. According to the petitioners, they responded to the call letters dated 26.07.2017. These petitioners belong to ExServicemen community and the notified vacancies were 632 and out of which, 5% were reserved for Ex-Servicemen.
2. According to the petitioners, after filling up the posts reserved for Ex-Servicemen, there are still remaining 16 posts yet to be filled. A provisional selection list was published on 13.08.2018. In this regard, it appears that the petitioners have represented to the authorities concerned on 22.02.2020 and the present writ petition has been filed seeking issue of a writ of Mandamus directing the authorities to dispose of their representations.
3. Mr.P.Balaji, learned counsel appearing for the petitioners has made his submissions.
4. The entire affidavit does not disclose any present cause of action for the petitioners to move this court. According to the affidavit, the selection was held in 2017 and the list of final selection was also published in 2018. This court is unable to appreciate as to how the petitioners can leisurely make their representations in 2020 and seek direction from this court to the authority to dispose of their representations.
5. Moreoer, nothing could be inferred from the contents of the affidavit as to what were the selection criteria adopted in the subject selection and what was their position in the selection vis-a-vis the other selected candidates. The affidavit is completely bald and nothing has been stated at all for the petitioners to approach this court presently. In the absence of any worthwhile details, this court cannot exercise its extraordinary jurisdiction on Article 226 of the Constitution of India to give direction to dispose of the petitioners' supposed representations. If such direction is issued without any materials as disclosed in the affidavit or in
the typed set of documents, it would give rise to unnecessary cause of action in regard to the issue which is already settled long ago.
6. In the light of the above, this court finds that there are no merits in the writ petition and hence, the writ petition stands dismissed. No costs.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar nvsri To
1. The Chairman, Teachers Recruitment Board, D.P.I 4th Floor, College Road, EVK SampathMaligai, Chennai- 600 006.
2. The Principal Secretary to Govt.
Public (Ex-Servicemen) Department, Fort St. George, Secretariat, Chennai 600 009.
W.P.7837 of 2020 CP(CO) KKV/08/07/2020