G.Viswanathan, v. The Director,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30-11-2017

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.30078 of 2010 And M.P.Nos.1 and 2 of 2010 and 1 of 2011 G.Viswanathan ..

Petitioner -vs1.The Director, Directorate of Medical Education, Chennai-600 010.

2.Medical Superintendent, Office of Medical Superintendent, Government Dharmapuri Medical College, Dharmapuri.

..

Respondents Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the second respondent to follow procedure established by law, rules and regulations in the selection process for the post of Sweeper as per the proceedings G.O.No.50/Ma.ku.na(ne2) Department dated 4.2.2009 and consequently, direct the respondents to consider the sponsorship of the petitioner for the post of Sweeper in the second respondent-Management as per law.

For Petitioner - Mr.R.Prasadh For Respondents - Mr.M.Perumal, Government Advocate.

ORDER

The relief sought for in this writ petition is for a direction to direct the second respondent to follow the procedure established by law, rules and regulations in the selection process for the post of Sweeper as per G.O.No.50/Ma.Ku.na (ne.2) Department, dated 4.2.2009 and consequently direct the respondents to consider the sponsorship

of the writ petitioner for the post of Sweeper in the second respondent-Management.

2. The writ petitioner has moved this writ petition on the ground that he is a differently abled person and therefore, he is entitled for appointment. Sponsorship from the District Employment Exchange, cannot be claimed as a matter of right. In fact, the appointment itself can never be claimed as a matter of right.

3. Equal opportunity in public employment is the constitutional mandate and all recruitments to the public post are to be undertaken only by following recruitment rules in force. Under the provisions of the Disabilities Act, now the State is providing a separate quota for differently abled persons. It is for the writ petitioner to apply for any post, if any notification was issued for recruitment and he can submit his application under the quota allotted for differently abled persons.

4. A mere filing of the writ petition will not constitute a ground for granting the relief either to sponsor the name of the writ petitioner for appointment or to consider his case for appointment. It is for the writ petitioner to participate in the selection process and get himself selected. This Court wishes him for securing an employment and it is necessary that the writ petitioner should put some hard labour for getting a public employment.

5. With this observation, the writ petition stands dismissed. However, there shall be no order as to costs. Consequently, connected miscellaneous petitions are also dismissed.

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

To 1.The Director, Directorate of Medical Education, Chennai-600 010.

2.Medical Superintendent, Office of Medical Superintendent, Government Dharmapuri Medical College, Dharmapuri.

WP 30078 of 2010 gjII(co) aa16/12/2017