Mrs.S.Latha,W/O.Subramaniyan v. The Secretary To Government

in W.P.Nos.20812 to 20815 of 2018 S.M. SUBRAMANIAM, J These writ miscellaneous petitions are filed to re-open the writ petitions in W.P.Nos.20812 to 20815 of 2018, which were disposed of on 10.04.2019.

2.The learned counsel for the petitioners states that on account of the pendency of the writ petitions, the petitioners were unable to submit their applications to participate in the process of selection. Thus, they have filed the present miscellaneous petitions to re-open the writ petitions.

3.The writ petitions were filed challenging the Notification dated 09.07.2018 and for a direction to direct the respondents to appoint the petitioners for the post of Noon Meal Organizer. The claims of the writ petitioners were considered on merits and this Court passed an order on 10.04.2019, and the operative portion of the order are as follows:- "11. Under these circumstances, the non mentioning of the community rotation in the earlier notification was identified and suitable actions were 1/4

taken by cancelling the earlier notification. In this regard, the rights of the writ petitioners are not infringed. The writ petitioners are eligible to participate in the present selection also, pursuant to the notification now issued, which is impugned in the present writ petition. This apart, the only grievance of the writ petitioners are that, they have participated in the interview and therefore, they should be appointed in the post. Mere participation in the interview will not be a ground for claiming appointment. The Authorities Competent found the irregularity occurred in the earlier notification and accordingly, cancelled the notification and issued the fresh notification, inviting applications from all the eligible candidates.

12. This being the factum, the writ petitioners cannot seek appointment based on the fact that, they attended the interview. The entire process of selection was cancelled and a fresh notification was issued fulfilling the conditions stipulated in the Government orders for appointment to the post of Noon Meal Organizer/Assistant Cook. In this view of the matter, the writ petitioners has not establish any legal right so as to grant the relief as such sought for in the present writ petitions. Accordingly, the writ petitions stands dismissed. No Costs. Consequently, connected miscellaneous petitions are closed."

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4.In view of the fact that the writ petitions were disposed of on merits, the petitioners now cannot file re-open petitions merely on the ground that they could not able to submit their applications pursuant to the recruitment notification. If at all any recruitment notification is issued, it is for the petitioners to submit their applications in order to participate in the process of selection, if they are otherwise qualified. Contrarily, they cannot re-open the writ petitions, which were decided on merits.

5.Thus, this Court is of an opinion that the petitioners have not made out any ground for the purpose of considering the relief. Accordingly, these writ miscellaneous petitions stand dismissed. 25.11.2019 abr 3/4

S.M.Subramaniam, J.

(abr) W.M.P.Nos.32904, 32907, 32908 & 32910 of 2019 in W.P.Nos.20812 to 20815 of 2018 25.11.2019 4/4