Mrs.Anjali Devi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 09.04.2019

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM W.P.No.12568 of 2018 and W.M.P.No.14723 of 2018 Anjali Devi .. Petitioner ..Vs..

1.The District Collector, Cuddalore District, Cuddalore.

2.Block Development Officer, Kurinjipadi Panchayat Union, Kurinjipadi, Cuddalore District.

.. Respondents PRAYER : Petition filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to appoint the petitioner as Organizer in the Noonmeal centre at No.21, Panchayat Union Elementary School situated at Elango Nagar, in Kurinjipadi Panchayat Union, Cuddalore District based on the interview conducted on 23.02.2017 by considering her application.

For Petitioner : Mr.R.Neelakandan For Respondent : Mr.R.S.Selvam Government Advocate for R1 Mr.J.Ramesh for R2

O R D E R

The relief as such sought for in the present writ petition is for a direction to direct the respondents to appoint the petitioner as Organizer in the Noon-meal centre at No.21, Panchayat Union Elementary School situated at Elango Nagar, in Kurinjipadi Panchayat Union, Cuddalore District based on the interview conducted on 23.02.2017 by considering her application. 2.The learned counsel for the writ petitioner states that the case of the writ petitioner was not considered, despite the fact that the process of interview had been concluded on 23.02.2017 itself.

3.Appointment can never be claimed as a matter of right. All appointments are to be made strictly in accordance with the Recruitment Rules in force. Mere participation in the process of https://hcservices.ecourts.gov.in/hcservices/

selection or attending the interview would not confer any right and cannot claim any appointment by filing writ petition under Article 226 of Constitution of India. Only in the event of challenging the selection on the ground that there is a malpractice, corrupt activities or illegalities, the writ petition can be entertained. Even in case of no appointment, after the completion of process of selection, the candidates who had participated in the process cannot claim order of appointment, based on their selection or based on the fact that they had attended the interview process.

4. This being the principles to be followed, this Court is of an opinion that mere participation in the interview process would not confer any right on writ petitioner to claim appointment. It is left open to the writ petitioner to challenge the process of selection or if any appointment made contrary to the recruitment rules in force.

5. However, the relief as such sought for in the present writ petition cannot be granted and accordingly, writ petition stands dismissed.

No costs.

Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(AD IV) //True Copy// Sub Assistant Registrar Pns To 1.The District Collector, Cuddalore District, Cuddalore.

2.The Block Development Officer, Kurinjipadi Panchayat Union, Kurinjipadi, Cuddalore District.

+1cc to Mr.R.Neelakandan, Advocate, S.R.No.35160 +1cc to Mr.A.Gopinath, Advocate, S.R.No.35095 +1cc to the Government Pleader, S.R.No.35023 W.P.No.12568 of 2018 and W.M.P.No.14723 of 2018 JP(CO) RRS(10/05/2019) https://hcservices.ecourts.gov.in/hcservices/