R.Usha v. The Government Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.03.2024 CORAM :

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.Nos.32463 & 32464 of 2022 W.P.No.32463 of 2022 R.Usha

...Petitioner

-VsThe Government of Tamilnadu, represented by its Secretary to Government, Finance (CMPC) Department, Fort St., George, Chennai-600 009.

...Respondent

W.P.No.32464 of 2022 R.Usha

...Petitioner

-VsThe Chairman & Managing Director, Tamilnadu Urban Finance & Infrastructure, Development Corporation Ltd., Annasalai, Nandanam, Chennai-600 035.

...Respondent

Common Prayer: Writ Petition filed under Article 226 of the Constitution 1/6

of India for issuance of Writ of Mandamus directing the respondent to fill up the declared vacancy along with the available vacancies giving fair opportunity to the petitioner appointing her as 'Office Assistant' on priority basis on the strength of her inter-caste marriage by taking into account the petitioner's further representation dated 25.04.2016 along with the present one dated 21.09.2022.

(In both W.Ps') For Petitioner : Mr.A.Amalraj For Respondents : Mrs.R.L.Karthika, Government Advocate COMMON ORDER These Writ Petitions are filed for direction to the respondents to fill up the declared vacancy along with the available vacancies by giving fair opportunity to the petitioner to the post of Office Assistant on priority basis and also on the strength of her inter-caste marriage. In both the writ petitions the petitioner sought for employment to the post of Office Assistant on priority basis.

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2. The petitioner is qualified with B.Com., degree and registered her qualification in the employment exchange. She belonged to Scheduled Caste community and her husband was belonged to Backward class community. The petitioner was also received priority certificate from the Government for her inter-caste marriage. While being so, the respondent issued notification thereby notified that seven vacancies for the post of Office Assistant reserving 1 out of the said 7 vacancies to the candidates belong to Scheduled Caste Community. The petitioner applied for the said post enclosing relevant certificates. However, the petitioner failed to enclose the conduct certificate as required by the notification. However, the selection process was over and the petitioner was not selected to the said post.

Hence, the petitioner made representation seeking employment on the ground of priority certificate issued for her inter-caste marriage. Immediately, the petitioner approached this Court in W.P.No.28918 of 2016 for direction. While pending the said writ petition the respondent filed complaint alleging that the petitioner failed to enclose the conduct certificate issued by the School Authority to consider the representation.

to file two writ petitions as against two authorities. Therefore, the petitioner withdrawn the said writ petition and file this present writ petition.

3. The learned counsel for the petitioner relied upon the judgement of this Court in W.P.No.23394 of 2009 dated 10.02.2010 revealed that there are some certificates, like certificates relating to the basic qualification cannot be entertained at all. There are certain other certificates, like community certificate, certificates relating to special consideration, like sport certificate, NCC, NSS certificates etc., which are not essential for entertaining the application of the candidates. However, the entire selection process has been over and the representation submitted by the petitioner cannot be considered that too after a period of eight years.

4. Therefore, these writ petitions are devoid of merits and liable to 4/6

be dismissed. Accordingly, these writ petitions are dismissed. No Costs. 01.03.2024 Index : Yes/No Speaking/Non Speaking Order gvn To

1. The Government of Tamilnadu, represented by its Secretary to Government, Finance (CMPC) Department, Fort St., George, Chennai-600 009.

2. The Chairman & Managing Director, Tamilnadu Urban Finance & Infrastructure, Development Corporation Ltd., Annasalai, Nandanam, Chennai-600 035 G.K.ILANTHIRAIYAN,J.

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