K.Baskaran, v. The Principal Secretary To
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07-02-2019
CORAM
THE HONOURABLE Mr. JUSTICE S.M.SUBRAMANIAM W.P.Nos.3712 to 3718 of 2018 K.Baskaran ...Petitioner in W.P.No.3712 of 2018 K.Palanichamy
...Petitioner in W.P.No.3713 of 2018
S.Muthumanickam
...Petitioner in W.P.No.3714 of 2018
S.Subtamani
...Petitioner in W.P.No.3715 of 2018
V.Gangadharan ...Petitioner in W.P.No.3716 of 2018 S.Ilamurugu
...Petitioner in W.P.No.3717 of 2018
K.Chandramohan
...Petitioner in W.P.No.3718 of 2018
Vs
1. The Principal Secretary to Government and Agricultural Production Commissioner Government of Tamil Nadu, Agriculture Department, Fort St.George, Chennai-600 009.
2. The Chief Engineer (Agricultural Engineering), No.487, Anna Salai, Nandanam, Chennai- 600 035.
3. The Secretary Tamil Nadu Public Service Commission, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai- 600 003. ...Respondents in all the W.Ps PRAYER IN W.P.Nos.3712 and 3713 of 2018: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents 1 and 2 to consider the representation dated 25.11.2017 submitted by the petitioner and to pass orders thereon on merits and in accordance with law, in the light of the judgment 22.08.2013 passed in Writ Appeal No.499 of 2011, within a time limit to be specified.
PRAYER IN W.P.No.3714 of 2018: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents 1 and 2 to consider the representation dated 28.11.2017 submitted by the petitioner and to pass orders thereon on merits and in accordance with law, in the light of the judgment 22.08.2013 passed in Writ Appeal No.499 of 2011, within a time limit to be specified.
PRAYER IN W.P.No.3715 of 2018: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents 1 and 2 to consider the representation dated 29.11.2007 submitted by the petitioner and to pass orders thereon on merits and in accordance with law, in the light of the judgment 22.08.2013 passed in Writ Appeal No.499 of 2011, within a time limit to be specified.
PRAYER IN W.P.No.3716 of 2018: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents 1 and 2 to consider the representation dated 29.11.2007 submitted by the petitioner and to pass orders thereon on merits and in accordance with law, in the light of the judgment 22.08.2013 passed in Writ Appeal No.499 of 2011, within a time limit to be specified.
PRAYER IN W.P.No.3717 of 2018: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents 1 and 2 to consider the representation dated 02.12.2017 submitted by the petitioner and to pass orders thereon on merits and in accordance with law, in the light of the judgment 22.08.2013 passed in Writ Appeal No.499 of 2011, within a time limit to be specified. PRAYER IN W.P.No.3718 of 2018: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents 1 and 2 to consider the representation dated 04.12.2017 submitted by the petitioner and to pass orders thereon on merits and in accordance with law, in the light of the judgment 22.08.2013 passed in Writ Appeal No.499 of 2011, within a time limit to be specified. For Petitioner : Mr.P.Ganesan in all W.Ps For Respondents : Mr.P.Rajalaskhmi in all W.Ps Additional Government Pleader for R1 and R2 Mr.S.M.Loganathan for R3.
O R D E R
The relief sought for in the present writ petitions are to direct the respondents 1 and 2 to consider the representation dated 25.11.2017 submitted by the writ petitioner and to pass orders thereon on merits and in accordance with law.
2. The learned counsel for the writ petitioner states that pursuant to the judgment delivered in Writ Appeal No.499 of 2011 dated 22.08.2013, the respondents issued the recruitment notification on 05.07.2017 to fill up the backlog vacancies reserved for Scheduled Castes/Scheduled Caste (Arunthathiar) and Scheduled Tribes.
3. All the petitioner belongs to the reserved class communities and therefore, they have participated in the process of selection. Subsequently, another notification No.26/2017, was issued on 17.11.2017, clubbing all the vacancies and the process of recruitment commenced.
4. The learned counsel for the writ petitioner states that the writ petitioner had participated in the process of selection and decision is to be taken by the authorities at the earliest possible enabling the writ petitioner to secure public employment through Tamil Nadu Public Service Commission.
5. Appointment can never be claimed as a matter of right. So also, the candidates who participated in the selection cannot file a writ petition seeking direction to conclude the selection process within a specific period. However, it is made clear that the competent authorities, on initiation of proceedings in respect of the recruitment, must complete the same within a reasonable period of time. It is not for the competent authorities to prolong the selection for years together.
6. This being the factum of the case, the respondents are bound to proceed with the selection process in accordance with rules in force and conclude the same as early as possible without causing any undue delay. With these observations, the writ petition is disposed of. No costs.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ssb/pkn
To
1. The Principal Secretary to Government and Agricultural Production Commissioner Government of Tamil Nadu, Agriculture Department, Fort St.George, Chennai-600 009.
2. The Chief Engineer (Agricultural Engineering), No.487, Anna Salai, Nandanam, Chennai- 600 035.
3. The Secretary Tamil Nadu Public Service Commission, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai- 600 003.
+1 cc to Mr.M.Loganathan, Advocate, S.R.No.11014 +1 cc to the Government Pleader, S.R.No.11899 W.P.Nos.3712 to 3718 of 2018 KS(CO) SSM(18/03/2019).