S.Saratha v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.04.2019 C O R A M THE HONOURABLE Mr. JUSTICE S.M.SUBRAMANIAM Writ Petition Nos. 26138 & 26140 of 2018 W.P. No. 26138 of 2018 S.Saratha ... Petitioner Vs.
1.The District Collector Villupuram District Villupuram.
2.The Block Development Officer Marakkanam Villupuram District.
... Respondents PRAYER Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to appoint the petitioner as a Noon Meal Organizer to the Panchayat Union Primary School, Anumanthai, Marakkanam Taluk, Villupuram District. For Petitioner :
M/s.R.Hemalatha For Respondents : Mr.R.S.Selvam Government Advocate [For R1] Mr.V.Kadhirvelu Special Government Pleader [For R2] W.P. No. 26140 of 2018 S.Saritha ... Petitioner Vs.
1.The District Collector Villupuram District Villupuram.
2.The Block Development Officer Rishivanthiyam Villupuram District.
... Respondents PRAYER Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to appoint the petitioner as a Noon Meal Organizer in ma.Pudhur Centre, Rishivanthiyam Taluk, Villupuram District.
For Petitioner :
M/s.R.Hemalatha For Respondents :
Mr.R.S.Selvam Government Advocate [For R1] Mr.V.Kadhirvelu Special Government Pleader [For R2] C O M M O N O R D E R The relief sought for in these writ petitions are for a direction to direct the respondents to appoint the petitioners as Noon Meal Organizers to the Panchayat Union Primary School, Anumanthai, Marakkanam Taluk, Villupuram District and Ma.Pudhur Centre, Rishivanthiyam Taluk, Villupuram District respectively.
2.The learned counsel for the writ petitioners states that the petitioners participated in the process of selection for appointment to the post of Noon Meal Organizers and their cases were not considered. However, the writ petitioners were not stated that whether any other person has been appointed or not. Even in case of appointment of any other person, the petitioners have to challenge the appointment of those persons, if there is any illegality or irregularity in the process of selection. Contrarily, the petitioners cannot seek any direction to appoint them, in view of the fact that they have participated in the process of selection.
3.This Court is of an opinion that appointment can never be claimed as a matter of right. Undoubtedly, all appointments are to be made strictly under the Constitutional schemes and by following the recruitment rules in force. Mere participation in the process of selection would not confer any legal right on the candidates to claim appointment. However, the process of selection can be challenged, if there is any malpractice or corrupt activities or violation of the statutes or rules. In the absence of establishing any such irregularity or illegalities in the process of selection, a candidate, who participated in the interview cannot claim that they must be appointed in the particular post.
4.Under these circumstances, the writ petitioners have not established even a semblance of right so as to consider the claim as such sought for in these writ petitions. Accordingly, these writ petitions are dismissed. There shall be no order as to costs.
Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar maya To 1.The District Collector Villupuram District Villupuram.
2.The Block Development Officer Marakkanam Villupuram District.
3.The Block Development Officer Rishivanthiyam Villupuram District.
+1cc to Mr.V.Kadhirvelu , Advocate SR.No.37070 +1 cc to Government Pleader Sr.No.36278 W.P. Nos. 26138 & 26140 of 2018 A.SK(20/05/2019)