K. Geetha v. The Member Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.12.2017

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.16653 of 2011 and W.M.P.No. 1 of 2011 K.Geetha .. Petitioner Vs.

1. The Member Secretary, Chennai Metropolitan Development Authority, Chennai.

2. The Assistant Director, Professional Executive Employment Exchange, No.56, Santhome High Road, Chennai.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus to direct the respondents to consider MTP/AITP qualified candidates like the petitioner for selection as Planning Assistant Grade I as provided in the Service Regulations in G.O.Ms.No.210 dated 26.02.1980 and not confine the selection only to B.E/B.Arch candidates.

For Petitioner : Mr.N.Balamuralikrishnan For Respondents : Mr.K.Thangapandi Government Advocate, for R2 No appearance, for R1

O R D E R

The learned counsel appearing for the petitioner states that the selection process of the year 2011 was challenged by the writ petitioner and this Court is of the opinion that the process have been completed by now. Further, the grievances of the writ petitioner is that the respondents have not followed the procedure while conducting the selection process in the year 2011. However, now this Court cannot go in to the allegations after a lapse of about seven years and it is needless to state that the respondents are bound to follow the rules in force for the purpose of appointing eligible candidates. https://hcservices.ecourts.gov.in/hcservices/

2.In the event of violation, the competent authorities are bound to rectify the same and if any Malpractices or irregular or illegal appointments are made the authorities competent have to initiate action against the petitioners, who have committed such malpractices or otherwise.

3.Thus, this court has made it clear that all appointments to the public post ought to be done only by following the recruitment rules in force and equal opportunity to the public employment is the constitutional mandate and any violation there of, will lead to prosecution against the competent authority. However, in the case on hand, the relief as such sought for in this writ petition cannot be granted, in view of the fact that the process of selection has been completed in the year 2011 itself.

4.Thus, no further adjudication is required in this writ petition. Accordingly, the writ petition stands closed. However, there shall be no order as to costs. Consequently, connected Miscellaneous petition is closed.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar To

1. The Member Secretary, Chennai Metropolitan Development Authority, Chennai.

2. The Assistant Director, Professional Executive Employment Exchange, No.56, Santhome High Road, Chennai.

+1 cc to Mr.V.Vijay Shankar Advocate sr 86126 W.P.No.16653 of 2011 and W.M.P.No. 1 of 2011 aa02/01/2018 https://hcservices.ecourts.gov.in/hcservices/