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Madras High CourtWP/21231/2023dismissed

M.Theenathayalan v. The District Collector

2025-10-28Honourable Mr Justice G.K. Ilanthiraiyan7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28-10-2025

CORAM

THE HONOURABLE MR JUSTICE G.K. ILANTHIRAIYAN and WMP.Nos. 20645 of 2023, 39101 & 31855 of 2025 M.Theenathayalan Petitioner Vs

1. The District Collector Collectorate, Erode District.

2.The Revenue Divisional Officer, Gobichettipalayam, Erode District.

3.The Tahsildar, Office Of The Thasildar, Gobichettipalayam, 4.Mohammed Amir Abbas, 5.E.Suresh 6.Sampoorani, 7.M.Arul 8.Jayasuriya,

9.Jeganathan 10.Ashok Kumar 11.Sankar Ganesh 12.Sumathi, Respondents PRAYER Writ Petition is filed under Article 226 of Constitution of India, praying for issuance of writ of certiorarified mandamus, calling for records relating to the impugned order in Pa.Mu. No.413/2023/ A2 dated 20.04.2023 on the file of the 3rd respondent and quash the same and consequently direct the 1st respondent to select the petitioner as Village Assistant in any of the Villages, of Gobichettipalayam Taluk, based on the G.O.M.S. No.122 Human Resources Management (K2) Department dated 02.11.2021 Government of Tamil Nadu within the time frame as fixed by this Court. For Petitioner:

Mr. S.Arokia Mani Raj For Respondents:

Mr. R.Murthi, GA - R1 to R3 R4 to R12 - Notice served - No appearance.

ORDER

This writ petition has been filed challenging the order passed by the 3rd respondent dated 20.04.2023, whereby the request made by the petitioner to select him for appointment to the post of Village Assistant in any of the Villages of Gobichettipalayam Taluk was rejected.

2. The case of the petitioner is that he applied for the post of Village Assistant pursuant to the notification issued by the 3rd respondent on 10.10.2022. The petitioner cleared the written examination, participated in the interview held on 09.01.2023, and attended certificate verification conducted on the same day. However, his candidature was not considered. Hence, the petitioner filed a writ petition in W.P.No. 7004 of 2023, and this Court, by order dated 08.03.2023, directed the 3rd respondent to consider the petitioner's representation and pass appropriate orders on merits and in accordance with law. Pursuant to the aforesaid direction, the 3rd respondent considered the representation and rejected the same. Aggrieved by the said rejection order, the present writ petition has been filed.

3. The learned counsel for the petitioner submitted that the petitioner is a first-generation graduate and possessed a valid driving licence as per the requirements for the post of Village Assistant. However, no marks were awarded to him for the same, and the 3rd respondent, without properly considering these aspects, rejected the petitioner's candidature. Hence, the

impugned order is liable to be set aside.

4. The learned Government Advocate appearing for the respondents 1 to 3 filed a counter affidavit on behalf of the 3rd respondent and submitted that the petitioner did not submit his First Graduate Certificate at the time of the interview and that he had obtained the driving licence only after the crucial date, 01.07.2022. Therefore, he was not awarded marks for the above qualifications. Based on the marks obtained by him, his candidature was rejected, and the said reasons were clearly mentioned in the impugned rejection order passed by the 3rd respondent. Hence, the writ petition lacks merit and is liable to be dismissed.

5. Heard both sides and perused the materials placed on record.

6. As directed by this Court vide order dated 08.03.2023, the 3rd respondent verified the documents and passed an order dated 20.04.2023 rejecting the petitioner's candidature for appointment to the post of Village Assistant. As rightly contended by the learned Government Advocate, the

petitioner had obtained his two-wheeler and four-wheeler licences only after the crucial date, and the First Graduate Certificate was issued only on 06.02.2023. As per the notification, the petitioner ought to have submitted all the requisite particulars on or before 01.07.2022. The selection to the post of Village Assistant is based on the communal rotation system prescribed by the Government. Therefore, it is evident that the petitioner did not fulfil the eligibility criteria as required under the notification, and since other candidates who secured higher marks were selected, his candidature was rightly rejected. \

7. It is further seen from the records that, under the category Roster No. 25 - General - Women - Non-Priority - Blind, no applications were received from eligible candidates either through the online portal or from the list furnished by the District Employment Exchange. Hence, due to non-availability of candidates, the post of Village Assistant in Nagadevenpalayam 'A' Village has been kept vacant.

8. In view of the above facts and circumstances, the contentions raised by the petitioner cannot be accepted. This Court finds no illegality or infirmity in the rejection order passed by the 3rd respondent.

9. Accordingly, the writ petition fails and is dismissed as devoid of merits. Consequently, the connected miscellaneous petition is closed. No costs. 28.10.2025 Index:Yes/No Internet:Yes ak To 1.The District Collector Collectorate, Erode District.

2.The Revenue Divisional Officer, Gobichettipalayam, Erode District.

3.The Tahsildar, Office Of The Thasildar, Gobichettipalayam,

G.K.ILANTHIRAIYAN, J.

ak 28-10-2025