K.Sujatha, W/O.Karikalan v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.02.2019 CORAM :
THE HONOURABLE MR. JUSTICE S.M. SUBRAMANIAM W.P.Nos.2758 to 2760 of 2018 and W.M.P.Nos.3405 to 3407 of 2018 K.Sujatha ... Petitioner in W.P.No.2758 of 2018 K.Sembaiyan ... Petitioner in W.P.No.2759 of 2018 C.Amaravel ... Petitioner in W.P.No.2760 of 2018 Vs 1.The District Collector, Dharmapuri District, Dharmapuri.
2.The District Backward and Minority Welfare Officer Dharmapuri District Dharmapuri.
... Respondents in all Writ Petitions Common Prayer : Writ Petitions filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents herein to select and appoint the petitioners as full time female/male cook, for the hostels in schools maintained by the 2nd respondent as per the interview conducted by the 2nd respondent on 20.04.2017,21.04.2017 and 21.04.2017.
For Petitioner : Mr.J.Selvarajan in all the three writ petitions For Respondents : Mr.D.Suriya Narayanan Additional Government Pleader in all the three writ petitions
C O M M O N O R D E R The common relief sought for in these writ petitions is to direct the respondents herein to select and appoint the petitioners as full time female/male cook, as the case may be, for the hostels in schools maintained by the 2nd respondent, as per the interview conducted by the 2nd respondent on 20.04.2017. 2.Appointment can never be claimed as a matter of right. All public appointments are to be made only in accordance with law and by following the recruitment rules in force. No priority can be granted in respect of the writ petitioners in the matter of providing public employment. There cannot be discrimination and the equality clause enunciated in the Constitution of India must be scrupulously followed by the competent authorities, while undertaking the selection process. 3.
Equal opportunity to all eligible candidates in public employment is the constitutional mandate. By providing the relief to consider the representation, the writ petitioners cannot secure any public appointment. The petitioners have to participate in the process of selection along with other eligible candidates and thereafter, secure appointment on merits and in accordance with law.
4.These being the principles to be followed, the very relief sought for in the present writ petition to direct the respondents to select and appoint the writ petitioners as full time cook, cannot be granted at all. Even the oral submission made by the writ petitioners to consider their representation cannot be granted, in view of the fact that appointment itself can never be a matter of right. All public appointments are to be made by providing equal opportunities to all the eligible candidates and by following the recruitment rules in force. These writ petitions are devoid of merits and stand dismissed. No costs. Consequently, connected Miscellaneous Petitions are closed.
Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar mkn
To 1.The District Collector, Dharmapuri District Dharmapuri.
2.The District Backward and Minority Welfare Officer Dharmapuri District Dharmapuri.
+ cc to The Government Pleader, Sr.No.10793 W.P.Nos.2758 to 2760 of 2018 and W.M.P.Nos.3405 to 3407 of 2018 CSL/06.03.2019