K.Appunu Gandhi, v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.03.2019

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.23902 of 2018 K.Appunu Gandhi ... Petitioner Vs.

1. The District Collector, Cuddalore District, Cuddalore.

2. The Revenue Divisional Officer, Virudhachalam, Cuddalore District.

3. The Thasildar, Tittagudi Taluk Office, Cuddalore District. ... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the third respondent herein the Thasildar Tittagudi Taluk, Cuddalore District to give priority to the petitioner when the existent vacancy of Village Assistant Post of Avinakudi and Akkanur villages filed up by the third respondent pursuant to petitioner representation dated 05.03.2018.

For Petitioner : Mr.K.Karuppaiya Mooppanar For Respondents : Mrs.P.Rajalakshmi Additional Govt.Pleader

ORDER

The relief sought for in the present writ petition is for a direction to direct the third respondent herein, the Thasildar Tittagudi Taluk, Cuddalore District to give priority to the petitioner when the existent vacancy of Village Assistant Post of Avinakudi and Akkanur villages are filed up by the third respondent pursuant to petitioner representation dated 05.03.2018.

https://hcservices.ecourts.gov.in/hcservices/

2. Mere submission of representation/application would not confer any right on the candidate to seek appointment or claim priority for appointment. All appointments are to be made strictly in accordance with the recruitment rules in force. Equal opportunity in public employment is the constitutional mandate and the authority, while undertaking the process of selection must follow the procedures contemplated under the rules in force. Thus, the writ petitioner cannot claim any priority on the basis that, twice he appeared for the interview for the vacancies which were available in a particular place and post. All appointments are to be made by following the procedures and therefore, the representation dated 05.03.2018, submitted by the writ petitioner cannot be considered.

3. The writ petitioner cannot secure public employment by submitting representation or based on the fact that the vacancies are available in a particular post. The relief as such sought for in the present writ petition to consider the representation for the purpose of giving priority is absolutely misconceived. If at all, any recruitment notification is issued, the writ petitioner is at liberty to participate in the process of selection and secure employment in accordance with the rules and based on its merits.

4. With these observations, the present writ petition stands dismissed. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar mbi/kmm To

1. The District Collector, Cuddalore District, Cuddalore.

2. The Revenue Divisional Officer, Virudhachalam, Cuddalore District.

3. The Thasildar, Tittagudi Taluk Office, Cuddalore District.

+1cc to the Government Pleader, S.R.No.26880 W.P.No.23902 of 2018 RGN(CO) CS/16/05/2019 https://hcservices.ecourts.gov.in/hcservices/