P.Chinnamani v. The Registrar Of Co-Operative Societies
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.08.2023 CORAM :
THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR P.Chinnamani ... Petitioner Vs.
1.The Registrar of Co-operative Societies, No.170, NV Natarajan Maaligai, Periyar EVR High Road, Poonamallee High Road, Kilpauk, Chennai - 600 010.
2.The Joint Registrar of Co-operative Societies, No.24, Ramakrishna Road, Salem - 636 007.
3.The Deputy Registrar (Public Distribution System) District Recruitment Bureau/Controller of Examination, Salem.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus to call for the records of the 3rd respondent in respect of the Provisional Selection List pursuant to the Notification No.1/2022 for Sale Man in the Fair Price Shop, dated 07.07.2023, and quash the same in respect of non-selection of the petitioner and consequently to direct the 3rd respondent to include the petitioner's name in the above said post.
For Petitioner : M/s.Thenmozhi Shivaperumal For Respondents : Mr.P.Baladhandayutham Special Government Pleader
O R D E R
This writ petition has been filed challenging the Provisional Selection List published by the 3rd respondent, dated 07.07.2023, pursuant to the Recruitment Notification No.1/2022 for the posts of Salesman in the Fair Price Shops, Salem.
2.It is the case of the petitioner, on the basis of the notification called for filling up the posts of Salesman in the Fair Price Shops run by the Co-operative Societies, the petitioner applied for the said post. According to the petitioner, he possesses all the qualifications required for the said post. The petitioner states that he attended the interview also. Thereafter, the 3rd respondent published the Provisional Selection List, dated 07.07.2023, wherein, the petitioner's name was not included. It is the grievance of the petitioner that, even though there are 236 posts vacant, the petitioner has not been selected and his name has not been included in the selection list. The petitioner states that he is a Disabled Person and therefore, the petitioner ought to have been selected atleast
under the 3% reservation for Disabled Persons. Since he has not been selected, the present writ petition has been filed. 3.Learned counsel for the petitioner mainly contended that, though the petitioner possessed all the requisite qualification, the petitioner has not been selected, despite the fact that the petitioner is a disabled person and a person studied in Tamil Medium and therefore, is entitled to the reservation under Physically Handicapped Category as well as under PSTM Category. The learned counsel also relied upon the documents enclosed to show that the petitioner is a disabled person and has also studied in Tamil Medium.
4.Per contra, Mr.P.Baladhandayutham, learned Special Government Pleader, who takes notice for the respondents, submitted that, in the Application Form submitted by the petitioner, the petitioner has not specifically mentioned that he is a Physically Handicapped Person and he has not claimed any priority as per G.O.(Ms) No.122, Human Resources Management (K2) Department, dated 02.11.2021. Further, it is brought to the notice of this Court that, under General Category, out of the total rank of 10957, the petitioner's rank is 10052 and under SC Category, out of
total rank of 2455, the petitioner's rank is 2117. The number of SC candidates selected is 43. Therefore, the learned Special Government Pleader submitted that the petitioner does not come within the zone of consideration and hence, the writ petition is liable to be dismissed. 5.Heard the learned counsel on either side and perused the entire materials available on record.
6.The Rank list produced by the learned Special Government Pleader before this Court, reads as follows : General Category SC Category Number of SC Selected Candidates Candidate's Rank Total Rank Candidate's Rank Total Rank Overall 10052 10957 PSTM First Graduate PH Even assuming that the petitioner is eligible under PSTM and PH Categories, comparing the overall rank, it is clear that the petitioner's rank is below than the other candidates. Therefore, even if the petitioner's claim under said Categories is considered, he will not be eligible as per the rank secured by him in both the Categories. In such view of the matter and also having regard to the fact that the selection list is now finalised
and that the petitioner himself had not opted for or claimed any priority under Disability Quota in his application, now, the petitioner cannot challenge the Provisional Selection List nor can seek any positive directions from this Court.
7.Therefore, I do not find any merit in this writ petition. Accordingly, this writ petition is dismissed. No costs. 04.08.2023 mkn Internet : Yes Index : Yes / No Speaking order / Nonspeaking order To 1.The Registrar of Co-operative Societies, No.170, NV Natarajan Maaligai, Periyar EVR High Road, Poonamallee High Road, Kilpauk, Chennai - 600 010.
2.The Joint Registrar of Co-operative Societies, No.24, Ramakrishna Road, Salem - 636 007.
N. SATHISH KUMAR, J.
mkn
3.The Deputy Registrar (Public Distribution System) District Recruitment Bureau/Controller of Examination, Salem.
04.08.2023