G.Chandrasekaran v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.11.2022 CORAM :
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and W.M.P.Nos.36073 & 36075 of 2019 G.Chandrasekaran ... Petitioner -Vs1. The Secretary to Government, Rural Development Department, Government of Tamil Nadu, Secretariat, Fort St. George, Chennai 600 006.
2. The Secretary to Government, Labour and Employment Department, Government of Tamil Nadu, Secretariat, Fort st. George, Chennai 600 009.
3. The District Collector of Villupuram, Villupuram
4. The Block Development Officer, Olakkur, Tindivanam, Villupuram District.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue Writ of Mandamus, directing the Respondents 3 and 4 to consider the petitioner's Application dated 20.11.2019, consequently direct the Respondents 3 and 4 herein to appoint the petitioner to the post 1/4
of Night Watchman at the office of the Block Development, Olakkur, Tindivanam, Villupuram District, 4th Respondent herein. For Petitioner : Mr.T.Dhanasekaran For Respondents :
For R1 to R3 : Mrs.E.Indhumathi Government Advocate For R4 : No appearance
O R D E R
All appointments are to be made strictly following the recruitment rules in force. Appointments can never be claimed as an absolute right. Equal opportunity in public employment is the constitutional mandate. Thus, the eligible candidates are at liberty to respond to the notification and participate in the process of selection and even the selection would not confer any right. A writ against a selection is entertainable only if it is tainted with the allegations of mala fides or corrupt activities established.
2. The petitioner submitted an application to participate in the process of selection pursuant to the notification. However, the authorities competent cancelled the selection notification itself and no one was 2/4
selected or appointed. In such circumstances, the petitioner came out with the present writ petition stating that his application is to be considered for appointment to the post of night watchman.
3. A mere application would not confer any right to seek an order of appointment. The High Court cannot consider the relief to appoint the petitioner merely based on his application. Since the process of selection itself was cancelled, the petitioner has to participate in the next selection process, if any notified by the competent authorities. The relief as such sought in the present writ petition is misconceived and the High Court cannot issue any direction to appoint the petitioner merely based on his application.
4. Accordingly, this writ petition stands dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed 22.11.2022 Index : Yes Speaking order sha 3/4
S.M.SUBRAMANIAM.J., sha To
1. The Secretary to Government, Rural Development Department, Government of Tamil Nadu, Secretariat, Fort St. George, Chennai 600 006.
2. The Secretary to Government, Labour and Employment Department, Government of Tamil Nadu, Secretariat, Fort st. George, Chennai 600 009.
3. The District Collector of Villupuram, Villupuram
4. The Block Development Officer, Olakkur, Tindivanam, Villupuram District.
and W.M.P.Nos.36073 & 36075 of 2019 22.11.2022 4/4