A.Panneerselvam, v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :06.11.2017

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.Nos.12623 to 12626 of 2014 and M.P.Nos.1,1,1 & 1 of 2014 A.Paneerselvam ..Petitioner in W.P.No.12623 of 2014 V.Settu ..Petitioner in W.P.No.12624 of 2014 V.Ganesh Raj ..Petitioner in W.P.No.12625 of 2014 K.Annamalai ..Petitioner in W.P.No.12626 of 2014 vs 1.The Secretary to Government, Labour & Employment, Fort St.George, Chennai - 9.

2.The Director of Employment & Training Thiru-vi-ka Industrial Estate Guindy, Chennai - 32.

3.The Joint Director(Draftsman Training) Directorate of Employment & Training Thiru-vi-ka Industrial Estate Guindy, Chennai - 32.

.. Respondents in all Wps Common Prayer: Writ Petitions filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 2 & 3 to call the petitioner for interview for the post of Junior Training Officer(Tuner, Machinist, Grinder and Fitter) on the basis of employment exchange seniority and also on the basis of the representation dated 15.04.2014 and 26.02.2014 made by the petitioner. For Petitioners : M/s.M.Muthappan (in all W.Ps) For Respondents : Mrs.K.Bhuvaneswari Government Advocate (in all W.Ps) C O M M O N O R D E R The relief sought for in these writ petitions is for a direction to the respondents 2 & 3 to call for the petitioners for interview for the post of Junior Training Officer(Turner, Machinist, Grinder and Fitter) on the basis of employment

exchange seniority and also on the basis of the representation dated 15.04.2014 and 26.02.2014 .

2.This Court is of the opinion that the direction as such sought for in these writ petitions is to call the writ petitioners for interview to the post of Junior Training Officer in the Department of Employment Training, cannot be considered. Appointment can never be claimed as a matter of right by the candidate to secure public employment. One has to participate in the open competitive process and thereafter, get selected. A mere direction cannot be sought for to direct the respondents to call the petitioner for interview. Calling for an interview cannot be considered as a right. This apart, the recruitment to the post of Junior Training Officer has undergone many changes and now the post is being filled up only through open competitive process.

The Government Advocate appearing on behalf of the respondents also emphasized that the recruitment procedures to the post of Junior Training Officer has been changed and now, the petitioners have to undergo the regular recruitment process through open competitive process. Under these circumstances, the relief as such sought for cannot be considered.

3.Accordingly, all the writ petitions stand dismissed. However, there shall be no order as to costs. Consequently, connected miscellaneous petitions are also closed. Sd/- Asst.Registrar (CS IV ) /true copy/ Sub Asst. Registrar kak To 1.The Secretary to Government, Labour & Employment, Fort St.George, Chennai - 9.

2.The Director of Employment & Training Thiru-vi-ka Industrial Estate Guindy, Chennai - 32.

3.The Joint Director(Draftsman Training) Directorate of Employment & Training Thiru-vi-ka Industrial Estate Guindy, Chennai - 32.

+ 4 cc to M/s.M.Muthappan, Advocate,SR.78682 TO 78685 + 1 cc to The Govt.Pleader, SR.79000 W.P.Nos.12623 to 12626 of 2014 NR 28/11/2017