Madras High CourtWP/33018/2016disposed of

Mr.M.Vijayan v. The State Of Tamilnadu

2016-10-07Honourable Mr Justice R.Subbiah3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.10.2016

CORAM:

THE HONOURABLE MR. JUSTICE R.SUBBIAH W.P.No.33018 of 2016 WMP.No.28525 of 2016 M.Vijayan ..

Petitioner vs.

1.The State of Tamil Nadu, Rep. by its Secretary to Government, Adi Dravidar & Tribal Welfare Department, Secretariat , Fort St.George, Chennai-600 009.

2.The Director, Adi Dravidar Welfare, Chepauk, Chennai-5.

3.The District Collector, Salem District, Salem.

4.The District Adi Dravidar & Tribal Welfare Officer, O/o.The District Adi Dravidar & Tribal Welfare Officer, Salem District, Salem.

Respondents 5 The Assistant District Employment Office Salem District, Salem Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents to consider the case of the petitioner for appointment to the post of Cook, under the fourth respondent.

For Petitioner :

Mr.V.S.Jagadeesan For Respondents :

Mr.N.Srinivasan, Additional Govt. Pleader

O R D E R

This Writ Petition has been filed praying for issuance of a Writ of Mandamus directing the respondents to consider

the case of the petitioner for appointment to the post of Cook, under the fourth respondent.

2. The petitioner belongs to Scheduled Caste community and hailing from a poor family and he completed VI Standard in Government High School, Salem and he is able to write and read in Tamil. The petitioner had registered with the Employment Office, Salem on 09.11.2001 seeking suitable employment. While so, he received an interview call letter from the office of the fourth respondent in Ref Na.Ka.No.36263/2011-D4 dated 20.10.2015 instructing him to appear for interview for appointment to the post of Cook. On the next day, a news item was published in the "Thina Thandhi" news daily dated 21.10.2015, wherein the District Collector, Salem, the third respondent herein, announced that 80 posts of cook and 14 posts of sanitary workers were going to be filled up in Adi Dravidar Welfare Department of Salem District.

Since the petitioner was found eligible to be appointed to the post of Cook, his name was sponsored by the Employment Exchange, Salem and the petitioner appeared for interview before the fourth respondent by producing all the certificates on 29.10.2015 and though he was fully qualified, he was not selected. On attending the interview only the petitioner came to know that nearly 1500 candidates had appeared for the interview on that day itself. The petitioner would contend that candidates numbering about 1500 were interviewed on a single day and the conduct of interview on 29.10.2015 was just an eye-wash and hence, the petitioner has come forward with the present writ petition.

3. When the matter is taken up for consideration, Mr.N.Srinivasan, learned Additional Government Pleader would contend that there is absolutely no merit in the contention raised by the petitioner and sought for dismissal of the writ petition.

4. This Court, without going into the merits of the claim projected by the petitioner, directs the respondents to consider the case of the petitioner for appointment to the post of Cook, under the fourth respondent, if he is found eligible to the said post and pass appropriate orders within a period of four weeks from the date of receipt of a copy of this order.

5. This Writ Petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Asst. Registrar.

/true copy/ Sub Asst. Registrar.

jvm To 1.The Secretary to Government, The State of Tamil Nadu, Adi Dravidar & Tribal Welfare Department, Secretariat , Fort St.George, Chennai-600 009.

2.The Director, Adi Dravidar Welfare, Chepauk, Chennai-5.

3.The District Collector, Salem District, Salem.

4.The District Adi Dravidar & Tribal Welfare Officer, O/o.The District Adi Dravidar & Tribal Welfare Officer, Salem District, Salem.

5 The Assistant District Employment Officer Salem District Salem +1 CC to M/s. V.S. Jagadeesan, Sr.No.58055 +1 CC to Government Pleader, Sr.NO.58220 W.P.No.33018 of 2016 MD : 19/10/2016