Mahendran v. The Director Of School

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.06.2022

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. No. 17009 of 2017 Mahendran ... Petitioner -vs1. The Director of School Education DPI Complex College Road Chennai - 600 006.

2. The Chief Educational Officer District Education Office Krishnagiri Krishnagiri District.

... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the Respondents to appoint a Lab Assistant in the Second Respondent schools by considering the Petitioner's representation dated 03.05.2017. For Petitioner :

Mr. K.Thiruvengadam For Respondents :

Mr. P.Balathandayutham Special Government Pleader

O R D E R

Heard Mr. K.Thiruvengadam, Learned Counsel for the Petitioner and Mr. P.Balathandayutham, Learned Special Government Pleader appearing for the Respondents and perused the materials placed on record, apart from the pleadings of the parties.

2.

The Petitioner, who had applied for the post of Lab Assistant, has sought for a direction to the Respondents to appoint him in the said post by considering his representation dated 03.05.2017. It is the case of the Petitioner that he is an ex-service man and there are two vacancies, which have not been filled up, and he could be appointed against the said vacancies, but no action has been taken in that regard. In that factual backdrop, this Writ Petition has been filed. https://hcservices.ecourts.gov.in/hcservices/

3.

The Respondents have filed Counter-Affidavit dated 31.08.2017 explaining that out of 208 vacancies, 202 posts have been filled up and 4 vacancies reserved for Destitute Widows (Priority) and 2 vacancies reserved for Scheduled Caste (ex-servicemen) could not be filled up due to want of qualified candidates. It is further stated that in respect of ex-servicemen, the candidates who had secured above 59 marks had been selected and the Petitioner, who had secured only 57 marks could not be appointed and the details of marks of the selected candidates have also been mentioned in the CounterAffidavit. 4.

Having regard to the said factual position and as it is not the case of the Petitioner that he belongs to Scheduled Caste or is destitute widow for whom the unfilled vacancies have been reserved, there is no justification in the claim made by the Petitioner for appointment as sought by him. In the result, the Writ Petition is dismissed. No costs. Sd/- Assistant Registrar(co) //True Copy// Sub Assistant Registrar Maya To

1. The Director of School Education DPI Complex College Road Chennai - 600 006.

2. The Chief Educational Officer District Education Office Krishnagiri Krishnagiri District.

+1 cc to Government Pleader Sr.NO.34514 +1 cc to Mr.K.Thiruvengadam, Advocate Sr.NO.33990 W.P. No. 17009 of 2017 pl(CO) A.SK(16/06/2022) https://hcservices.ecourts.gov.in/hcservices/