V.Dhakshayini v. Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.12.2023
CORAM:
THE HONOURABLE MR. JUSTICE M.S. RAMESH and WMP Nos.7307 and 7314 of 2023 V.Dhakshayini ... Petitioner in W.P.No.7265 of 2023 T.Madavi ... Petitioner in W.P.No.7269 of 2023 Vs
1. Government of Tamil Nadu, Represented by Secretary, Revenue and Disaster Management Department, Fort St.George, Chennai-600 009.
2. The District Collector, District Collector Office,
3. The Sub-Collector, Sub-Collector Office, Hosur,
4. The Tahsildar, 1/6
Taluk Office, Denkanikottai Taluk,
5. The Assistant Director, District Employment Office, .... Respondents 1 to 5 in both the writ petitions Karthick ... 6th respondent in W.P.No.7265 of 2023 Sarankanth ... 6th respondent in W.P.No.7269 of 2023 PRAYER: Writ Petitions filed under Article 226 of the Constitution of India to issue Writ of Certiorarified Mandamus to call for the records relating to the impugned order issued by the 4th respondent in his proceedings bearing reference no.Ka.4522/2022/A2 dated 24.02.2023 and quash the same as illegal, arbitrary and discriminatory in nature insofar as the 5th respondent is concerned and consequently appoint the petitioners herein as Village Assistants in the Village Administrative Office, Sangeetha Agraharam (Saathinarayanapalli) village, Denkanikottai Taluk, Krishnagiri District.
For Petitioners : Mr.R.Bharath Kumar For Respondents : Mrs.V.Yamuna Devi in both the W.Ps Spl.Government Pleader 2/6
COMMON ORDER Heard Mr.R.Bharath Kumar, learned counsel for the petitioners and Mrs.V.Yamuna Devi, learned Special Government Pleader for the respondents.
2. Aggrieved by the non-selection of the petitioners for the post of Village Assistants, pursuant to the Notification dated 10.10.2022 and challenging the appointment of the 6th respondent in both the writ petitions, the present writ petitions have been filed.
3. In the counter affidavit filed by the respondents in W.P.No.7265 of 2023, it is stated that the petitioner belongs to BC community, whereas, the 6th respondent belongs to SC community. In the written examination, conducted during selection process, the petitioner scored 12 marks, while the 6th respondent scored 16.5 marks. Likewise, in the reading test, the petitioner scored 7 marks, whereas, the 6th respondent scored 8 marks. During interview, the petitioner had scored 8.66 marks, whereas, the 6th respondent scored 9.33. Thus, the total marks scored by 3/6
the petitioner in the selection process is 64.66, whereas the 6th respondent scored 70.83 marks.
4. In the counter affidavit filed in W.P.No.7269 of 2023, it is stated that the petitioner and the 6th respondent belong to SC community. In the written examination, conducted during selection process, the petitioner scored 1 mark, while the 6th respondent scored 17 marks. Likewise, in the reading test, the petitioner had not scored any mark, whereas, the 6th respondent scored 6 marks. During interview, the petitioner had scored 2 marks, whereas, the 6th respondent scored 7.66 Thus, the total marks scored by the petitioner in the selection process is 28, whereas the 6th respondent scored 67.6 marks.
5. When the 6th respondent in both the writ petitions have scored more marks than the writ petitioners through the entire selection process and declared selected, the petitioners cannot claim priority or seek for cancellation of appointment of the 6th respondent in both the writ 4/6
petitions.
6. Therefore, I find no merits in the writ petitions and accordingly, both the writ petitions are dismissed. No costs. Consequently, connected miscellaneous petitions are closed.
13.12.2023 Index:Yes/No Speaking order/Non-speaking order sr To
1. The Secretary, Government of Tamil Nadu, Revenue and Disaster Management Department, Fort St.George, Chennai-600 009.
2. The District Collector, District Collector Office, 5/6
M.S.RAMESH,J.
sr
3. The Sub-Collector, Sub-Collector Office, Hosur,
4. The Tahsildar, Taluk Office, Denkanikottai Taluk,
5. The Assistant Director, District Employment Office, 13.12.2023 6/6