Madras High CourtWP/14579/2017dismissed

P.Ariharan, v. The Secretary To

2017-06-13Honourable Mr Justice T.Raja3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated :13.06.2017 Coram The Hon'ble Mr.Justice T. Raja W.P.No. 14579 of 2017 and W.M.P.No. 16024 of 2017 P.Ariharan

...Petitioner

Versus

1. The Secretary to Government, Revenue Department, Fort St. George, Chennai - 600 009.

2. The District Collector, Villupuram District,

3. The Tahsildar,

4. Nirmala, Village Assistant, Ponniyanthal Village,

5. Bhuvana, Village Assistant, Sellankuppam Village,

6. Dhanasekaran, Village Assistant, Mel Nagaram Village,

7. Prakash, Village Assistant, Kuladeepamangalam Village,

8. Pushparaj, Village Assistant, Thiruvennainallur Village, Villupuram District. ...Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorarified Mandamus calling for the records relating to the impugned recruitment of Village Assistants made with reference to the Notification dated 04.07.2016 issued in the form of new items in Dinakaran and Dinamalar Tamil daily news papers without indicating communal reservation and gender reservation and to quash the same and consequently direct the third respondent to conduct a fresh recruitment by issuing re-advertisement indicating communal rotation by applying rule of reservation and gender reservation.

For Petitioner : Ms.S.T.P. Kuilmozhi For Respondents : Mr. M. Digvijayapandian, Additional Government Pleader

O R D E R

Challenging the impugned Notification dated 04.07.2016 published in the newspapers, namely, Dinakaran and Dinamalar Tamil Daily, for recruitment to the post of Village Assistant, the petitioner has filed the present writ petition on the ground that while publishing notification the respondent did not indicate the communal reservation and gender reservation.

2. At the outset, the writ petition has to be rejected for more than one reason. Firstly, the petitioner, having taken part in the selection process even at stage of interview and having becoming unsuccessful in the selection process, cannot now turn around and say that the selection process is bad in law.

3. Secondly, when the Notification was issued on 04.07.2016 inviting the applications from eligible candidates for the post of Village Assistant, the petitioner, knowing pretty well that there was no communal reservation and gender

reservation mentioned in the said Notification, attended the selection process and went till stage of interview, therefore, he cannot now find fault with the selection process after taking part in the interview.

4. Thus, for the reasons stated above, the writ petition fails and the same is dismissed as devoid of any merit. No Costs. WMP.No.16024 of 2017 is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar rkm/mrr To

1. The Secretary to Government, Revenue Department, Fort St. George, Chennai - 600 009.

2. The District Collector, Villupuram District,

3. The Tahsildar, +1cc to Ms.STP.Kuilmozhi, Advocate, S.R.No.41725 +1cc to the Government Pleader, S.R.No.42208 W.P.No. 14579 of 2017 and W.M.P.No. 16024 of 2017 MSM(CO) RS(28/06/2017)