K.Mahdanabalan v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.06.2022
CORAM
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.NO.11668 OF 2014 K.Madhanabalan ... Petitioner -Vs1. The Secretary to Government of Tamil Nadu, Department of Co-operatives, Food and Consumer Protection Department / Chair Person, Tamil Nadu Civil Supplies Corporation, Kilpauk, Chennai - 600 010.
2. The District Revenue Officer / Senior Regional Manager, Tamil Nadu Civil Supplies Corporation Collector Office, Nagapattinam.
3. The District Employment Officer, District Employment Office, Nagapattinam.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to appoint the petitioner to the post of 'Seasonal helper' in the second respondent corporation by including the petitioner's name in the selection process within a stipulated time.
For Petitioner :
Ms.S.Sri Ranjini for Mr.T.P.Prabakaran For Respondents :
Mr.S.Prabakaran Government Advocate
ORDER
The relief sought for in the present writ petition is to direct the respondents to appoint the petitioner to the post of 'Seasonal Helper' in the Tamil Nadu Civil Supplies Corporation by including the petitioner's name in the selection process within a stipulated time.
2. Appointment can never be claimed as a matter of right. All appointments are made strictly in accordance with recruitment rules in force. Equal opportunity in the public employment is the constitutional mandate. Thus, all eligible candidates who are longing and aspiring to secure public employment must be provided with an opportunity to participate in the process of selection.
3. The grievance of the writ petitioner is that his name was included in the list of eligible candidates in the process of interview and he participated in the interview. However, the selection was canceled by the competent authority and thereafter the petitioner has not received any information. However, the petitioner came to understand that a fresh selection was conducted in which the name of the petitioner was not found. Under these circumstances, the petitioner made a representation to the authorities to consider his name for the selection and appointment for the post of 'Seasonal helper'. But the name of the petitioner was not included. Thus, the petitioner has constrained to move the present writ petition.
4. The fact remains that the selection in which the petitioner participated was canceled by the competent authority. In respect of another selection, the petitioner had not participated in the process of interview but the learned counsel for the petitioner made a submission that the name of the petitioner was not included despite the fact that he was eligible for the said post during the relevant point of time. On account of the efflux of time, considering the fact that the petitioner has not participated during the relevant point of time, the relief as such sought for cannot be granted and furthermore the process of selection was conducted 8 years back and the selected candidates were appointed and serving in the post.
5. This being the facts and circumstances, the relief as such sought for deserves no merit for consideration. Accordingly, the writ petition stands dismissed. No costs. Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar mrm To
1. The Secretary to Government of Tamil Nadu, Department of Co-operatives, Food and Consumer Protection Department / Chair Person, Tamil Nadu Civil Supplies Corporation, Kilpauk, Chennai - 600 010.
2. The District Revenue Officer / Senior Regional Manager, Tamil Nadu Civil Supplies Corporation Collector Office, Nagapattinam.
3. The District Employment Officer, District Employment Office, Nagapattinam.
+1cc to M/s.T.P.Prabakaran, Advocate, S.R.No.34826 +1cc to the Government Pleader, S.R.No.34885 W.P.No.11668 of 2014 SSI(CO) RLP(22/06/2022)