A. Sivagami v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

ORDER RESERVED ON : 22.07.2018 ORDER PRONOUNCED ON : 24 .08.2018 CORAM :

THE HONOURABLE MR.JUSTICE SUBRAMONIUM PRASAD W.P.No. 20639 of 2009 and W.M.P.No.1/2009 A.Sivagami ... Petitioner vs.

1. The District Collector, Kancheepuram District.

2. The Child Welfare Officer, Office of the Child Welfare, Thiruporur Panchayat Union Complex, Thiruporur, Chengalpattu Taluk, Kancheepuram District.

... Respondents Prayer : Writ Petition is filed under Article 226 of the Constitution of India, for issuance of a writ of Mandamus, directing the respondents to appoint the petitioner as Anganvadi Centre Assistant at Thiruporur Child Welfares Centres, Thiruporur Panchayat Union, Chengalpattu Taluk, Kancheepuram District by considering her representations dated 01.07.2009 and 07.09.2009.

For Petitioner : Mr.G.Karuppasamy, for M/s. A.Ramalingam For Respondents: Mr.M.Sricharan Rangarajan, Additional Government Pleader

O R D E R

The instant writ petition is to issue a writ of Mandamus for a direction to the respondents to appoint the petitioner as Anganvadi Centre Assistant at Thiruporur Child Welfares Centres, Thiruporur Panchayat Union, Chengalpattu Taluk, Kancheepuram District by considering her representations dated 01.07.2009 and 07.09.2009.

2. The case of the petitioner in short is that:- a) She is a widow and belongs to the Scheduled Caste. b) She has studied up to 9th standard and due to poverty she could not continue with her studies.

c) She registered in the employment exchange. d) The petitioner states that she was called by the Child Welfare Officer, to his office at Thiruporur Child Welfare Centres, Thiruporur Panchayat Union, Chengalpattu Taluk, Kancheepuram District to attend the interview on 25.02.2009 at 1PM for the post of Anganvadi Centre Assistant. She states that, she participated the interview with the required records and certificates as directed by the second respondent. e) She states that, she was only person attended the interview on that day and nobody else attend interview. Further she states that, she performed well and therefore she was entitle to the appointment.

f) She gave two representations, but they were not considered.

g) Claiming that she has the requisite qualifications and being a widow with two female children, she is entitled to be appointed as Anganvadi Centre Assistant.

3. The respondent has filed a reply stating that, she was not only person who participated in interview, 3 applications were received and one of them namely A.Saroja has been appointed on 02.09.2009.

4. Heard the counsel for the parties.

5. There is no right to be appointed to a particular post. The petitioner had applied for the post of Anganvadi Centre Assistant. She attended the interview. Two more applications we received and one of them A.Saroja stands appointed. It is well settled that a person who is called for interview has no right to be appointed automatically. The instant writ petition is not maintainable.

6. There is no allegation that the appointment of A.Saroja is bad. Just because the petitioner was called for the interview, does not give any right of appointment to the petitioner. The petitioner is claiming appointment and on the basis that she was the only candidate who had been called for interview and she possess all qualifications and therefore she had a right be appointed. The entire basis of writ petition is baseless. The writ petition is dismissed. There shall be no order to costs. Consequently, connected miscellaneous petition is closed.

Sd/-- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar

pkn To

1. The District Collector, Kancheepuram District.

2. The Child Welfare Officer, Office of the Child Welfare, Thiruporur Panchayat Union Complex, Thiruporur, Chengalpattu Taluk, Kancheepuram District.

+1cc to Mr.A.Ramalingam, Advocate SR.NO.58049 +1cc to Government Pleader SR.NO.58861 EV(CO) sm:10.9.2018 W.P.No. 20639 of 2009 and W.M.P.No.1/2009