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Madras High CourtWP/34516/2012dismissed

A.Barshed Ahmed v. The Director Of Public

2023-09-08Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.09.2023

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN A.Barshed Ahmed ... Petitioner -Vs1. The Director of Public Libraries, Office of Director of Public Library, 737/1, Anna Salai, Chennai - 02.

2. The District Library Officer, Erode District Library Office, Veerapathira Chetty Street, Erode - 3.

3.The District Employment Officer, The District Employment Exchange, Choolai, Erode - 4.

4. Mr.S.Abdul Rahman ... Respondents Prayer:- Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, directing the respondents 1 and 2 to cancel the selection and appointment of the fourth respondent as Rural Librarian and consequently direct the respondents 1 and 2 to appoint the petitioner in the fourth respondent vacancy or any other vacancy.

For Petitioner : Mr. K.Sathishkumar For R1 to R3 : Dr.T.Seenivasan Special Government Pleader For R4 : No appearance

ORDER

This Writ Petition has been filed for the issuance of Writ of Mandamus, directing the respondents 1 and 2 to cancel the selection and appointment of the fourth respondent as Rural Librarian and consequently direct the respondents 1 and 2 to appoint the petitioner in the fourth respondent vacancy or any other vacancy.

2. Heard the learned counsel for the petitioner and the learned counsel for the respondents 1 to 3 and perused the materials available on record.

3. By filing the writ petition for direction, the appointment of the fourth respondent cannot be cancelled. The petitioner ought to have challenged the order of appointment of the fourth respondent in the manner known to law. That apart, now the petitioner is aged about 49 years and as such, he is not entitled for any post, since his age is barred. The petitioner was also sponsored by the third respondent to the post of Rural Librarian. However, he had scored

only two marks and hence, the petitioner was not selected to the post of Rural Librarian. Therefore, there is no illegality in the selection of fourth respondent and this writ petition is devoid of merits and is liable to be dismissed.

4. Accordingly, this Writ petition is dismissed. No costs. 08.09.2023 Internet : Yes Index : Yes/No Speaking order/Non-speaking order mn/nsl

G.K.ILANTHIRAIYAN, J.

mn To

1. The Director of Public Libraries, Office of Director of Public Library, 737/1, Anna Salai, Chennai - 02.

2. The District Library Officer, Erode District Library Office, Veerapathira Chetty Street, Erode - 3.

3.The District Employment Officer, The District Employment Exchange, Choolai, Erode - 4.

08.09.2023