J.R.Saravana Kumar v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.10.2023

CORAM

THE HONOURABLE Ms.JUSTICE R.N.MANJULA W.P. No.9030 of 2020 and W.M.P.No.10984 of 2020 J.R.Saravana Kumar ...

Petitioner /vs/

1. The District Collector, Salem District.

2. The Personal Assistant (Development) To the District Collector, Salem.

3. The Block Development Officer, (Village Panchayat) Nangavalli Block, Mettur Taluk, Salem District.

4. The President, Karikkapatti Village Panchayat, Karikkapatti, Salem District.

... Respondents

Writ Petition is filed under Article 226 of the Constitution of India to issue a writ of mandamus directing the respondents to fill up the post of Panchayat Secretary at Karikkapatti Village Panchayat, Nangavalli Panchayat Union, Salem District, with the priority category candidate as per the G.O.Ms.No.188, Personnel and Administrative Reforms Department, dated 28.12.1976.

For Petitioner ... Mr.A.Inbasekaran for Mr.K.Selvaraj For Respondents ... Mr.P.Sanjai Gandhi Government Advocate

ORDER

This Writ Petition has been filed for the issuance of a writ of mandamus directing the respondents to fill up the post of Panchayat Secretary at Karikkapatti Village Panchayat, Nangavalli Panchayat Union, Salem District, with the priority category candidate as per the G.O.Ms.No.188, Personnel and Administrative Reforms Department, dated 28.12.1976.

2. The learned counsel for the petitioner submitted that the petitioner has participated in an interview subsequent to his name sponsored to the

said post; the petitioner attended the interview at the fifth respondent office on 01.07.2020 and produced all his certificates; despite the petitioner had produced the relevant certificates to show that he has got the advantage of priority as per G.O.Ms.No.188, Personnel and Administrative Reforms Department dated 28.12.1976, no appointment order was given to the petitioner so far.

3. The learned Government Advocate submitted that the appointment proceedings have been completed and a person by name Gokul has been appointed to the said post.

4. The petitioner claims that the post is meant for Priority Category who has performed intercaste marriage. However, the learned Government Advocate submitted that the post is meant only for Backward Class other than Backward Class Muslims and in the advertisement the same has also been mentioned clearly.

5. Since the appointment order had already been released and recruitment has been completed, it is up to the petitioner to challenge the appointment instead of seeking writ of mandamus. Since the matter has crossed the stage of appointment, the prayer sought in this writ petition has become infructuous.

6. Accordingly, this Writ Petition is dismissed as infructuous. No costs. Connected miscellaneous is closed.

20.10.2023 Index: Yes / No Speaking order / Non-speaking order bkn

To:

1. The District Collector, Salem District.

2. The Personal Assistant (Development) To the District Collector, Salem.

3. The Block Development Officer, (Village Panchayat) Nangavalli Block, Mettur Taluk, Salem District.

4. The President, Karikkapatti Village Panchayat, Karikkapatti, Salem District.

R.N.MANJULA ,J.

bkn W.P. No.9030 of 2020 20.10.2023