M.P.Shanmugam v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :08.12.2017

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.Nos.21628 & 21629 of 2011 M.P.Shanmugam ..Petitioner in W.P.No.21628 of 2011 A.Gokulan ..Petitioner in W.P.No.21629 of 2011 vs 1.

The District Collector, Thiruvannamalai District, Thiruvannamalai.

2.

The State Commissioner, For Differently abled Welfare Department, 15/B, Model School Road, Thousand light, Chennai - 6.

(R2-Disd vide Court order dated 12.06.2012 in both W.Ps.) 3.

Personal assistant to Collector, District Rural Development Panchayath, Thiruvannamalai District.

..

Respondents in both W.Ps Prayer in W.P.No.21628 of 2011: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 1st Respondent to conduct interview of the petitioner for the post of M.N.P(Makkal Nala Paniyalar) for the Kamalaputhut Village, Thuninchapuram Union, Thiruvannamalai District, Thiruvannamalai and forbearing the 1st respondent from publishing the result of the interview conducted on 12.09.2011 for the post of M.N.P.(Makkal Nala Paniyalar) Prayer in W.P.No.21629 of 2011: Writ Petitions filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 1st Respondent to conduct interview of the petitioner for the post of M.N.P(Makkal Nala Paniyalar) for the Pulivai Village, Wandawasi Panchayath union, Thiruvannamalai District, Thiruvannamalai and forbearing the 1st respondent from publishing the result of the interview conducted on 12.09.2011 for the post of M.N.P.(Makkal Nala Paniyalar)

For Petitioners :

Mr.R.Margabandhu (in both W.Ps) For Respondents :

Mr.A.Rajaperumal Additional Government Pleader for R1 & R3(in both 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 1st respondent to conduct interview of the petitioners for the post of M.N.P.(Makkal Nala Paniyalar) for the Kamalaputhur Village and Pulivai Village, Thiruvannamalai District.

2.The learned counsel appearing on behalf of the writ petitioners states that the petitioners are fully qualified for appointment to the post of M.N.P.(Makkal Nala Paniyalar). However, his case was not considered and therefore, he has considered to file this case based on the Government Orders in this regard. However, it is brought to the notice of this Court by the learned Government Advocate appearing on behalf of the respondents that the post of M.N.P.(Makkal Nala Paniyalar) was abolished and now, the case of the petitioners cannot be considered.

3.This Court is of the opinion that appointment can never be claimed as a matter of right. All appointments are to be made only by following the recruitment rules in force. Mere participation in the process of selection will not confer any right on the candidates to claim appointment or to file a writ petition for a direction to issue an order of appointment. Even, the participation in the selection will not confer any right. Only if an order of selection culminated into an order of appointment, then only, the right will accrue. This Court is of the view that the writ petitioner has not established even a semblance of legal right so as to issue any such direction as such sought for in this writ petition.

4.Accordingly, the writ petitions stand dismissed. However, there shall be no order as to costs.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar kak

To 1.

The District Collector, Thiruvannamalai District, Thiruvannamalai.

2.

Personal assistant to Collector, District Rural Development Panchayath, Thiruvannamalai District.

+1cc to the Government Pleader, S.R.No.88114 W.P.No.21628 & 21629 of 2011 CS/02/01/18