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Madras High CourtWP/14599/2021disposed of

S.Praveenkumar v. The Registrar Of Co-Operative Societies

2023-12-01Honourable Ms Justice R.N.Manjula6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.12.2023

CORAM

THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P.

Nos.14599 & 14600 of 2021 1.S.Praveen Kumar ... Petitioner in W.P.No.14599 of 2021 2.I Deepa ... Petitioner in W.P.No.14600 of 2021 Vs.

1.The Registrar of Co-operative Societies, No.170, NV Natarajan Maligai, Periyar EVR High Road, Kilpauk, Chennai 600 010.

2.The Chairman, District Recruitment Bureau, Erode District, O/o. Joint Registrar of Cooperative Societies, Erode, Erode District.

... Respondents in both W.Ps Prayer in both W.Ps.: Writ Petitions are filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus to direct the second respondent to appoint the petitioner for the post of Assistant in Erode District Central Cooperative Bank from the waiting list candidates as per interview held on 11.01.2021.

In both W.Ps.

For Petitioners : Mr.C.Prakasam Page No.1 of 6

For Respondents :Mr.P.Sanjai Gandhi, GA COMMON ORDER These Writ Petitions have been filed seeking issuance of a Writ of Mandamus to direct the second respondent to appoint the petitioners for the post of Assistant in Erode District Central Cooperative Bank from the waiting list candidates as per interview held on 11.01.2021.

2. Heard Mr.C.Prakasam, learned counsel for the petitioners and Mr.P.Sanjai Gandhi, learned Government Advocate for the respondents.

3. The second respondent called for applications for filling up of the post for 73 Assistants. The petitioners also applied for the said post and they have secured marks in both oral and written test and were placed under S.Nos.64 & 85.

4. The learned counsel for the petitioners submitted that all the selected candidates did not join and there are more than 10 to 15 vacancies and hence, the petitioners who are kept in the waiting list should be moved forward and appointment order should be given to Page No.2 of 6

them. He further submitted that the petitioners fall under BC category and in which two vacancies are there and according to him, the petitioners stand in Serial Nos.2 & 3 in the waiting list as against BC category.

5. The learned Government Advocate appearing for the respondents submitted that despite 73 vacancies were there, the appointment has been issued to 71 candidates, out of which, 66 have joined and there are only five vacancies. The five vacancies are extended to the waiting list that will be available for those who are placed from S.Nos.74 to 78. He further submitted that in the present case, the result was published on 22.02.2021 and the validity of waiting list has already expired on 21.08.2021 and no more vacancy is available as of now.

6. That being the case, the petitioners can be given with liberty to give a fresh representation in this regard and the respondents can consider the same.

Page No.3 of 6

7. Hence, these Writ Petitions are disposed by giving liberty to the petitioner to give a fresh representation to the respondents and on receipt of such representation, the respondents shall consider and pass appropriate orders in accordance with law within a period of four weeks from the date of receipt of such representation. No costs. 01.12.2023 Index : Yes Internet : Yes/No gsk Page No.4 of 6

To 1.The Registrar of Co-operative Societies, No.170, NV Natarajan Maligai, Periyar EVR High Road, Kilpauk, Chennai 600 010.

2.The Chairman, District Recruitment Bureau, Erode District, O/o. Joint Registrar of Cooperative Societies, Erode, Erode District.

Page No.5 of 6

R.N.MANJULA , J.

gsk 01.12.2023 Page No.6 of 6