← Library
Madras High CourtWP/30139/2018dismissed

M.Gomathi v. The District Collector

2025-02-24Honourable Ms Justice R.N.Manjula6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.02.2025

CORAM

THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P.No.30139 of 2018 and W.M.P.Nos.35162 & 35168 of 2018 M.Gomathi ... Petitioner Vs.

1.The District Collector, Collectorate, Thiruvarur & District.

2.The Special Officer / Block Development Officer (Village Panchayat), Thiruthuraipoondi Region, Thiruvarur District.

3.The Nunaakadu Village Panchayat, Rep. by its Special Officer, Thiruthuraipoondi Taluk, Thiruvarur District.

4.Mr.Dhinesh ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Declaration to declare that the impugned order passed by the second respondent in Na.Ka.No.693/2018/Aa3 dated 02.11.2018 as illegal, void, un-constitutional.

For Petitioner : Mr.P.Vijendran Page No.1 of 6

For Respondents : Mr.V.Umakanth, GA for R1 Mr.T.Chezhiyan, AGP for R2 Mr.S.Ilamvaludhi for R3

ORDER

This Writ Petition has been filed to declare that the impugned order passed by the second respondent in Na.Ka.No.693/2018/Aa3 dated 02.11.2018 as illegal, void, un-constitutional.

2. Heard Mr.P.Vijendran, learned counsel for the petitioner, Mr.V.Umakanth, learned Government Advocate for R1, Mr.T.Chezhiyan, learned Additional Government Pleader for R2, Mr.S.Ilamvaludhi, learned counsel for R3 and perused the materials available on record.

3. The petitioner had applied to the post of Panchayat Secretary for Nunaakadu Panchayat in response to the second respondent's notification dated 26.03.2018. The second respondent has issued a interview call letter on 15.05.2018 to the petitioner. It is stated by the petitioner that a resolution has been passed by the Grama Sabha that the petitioner is a fit person to be appointed as Panchayat Secretary. But the fourth respondent Page No.2 of 6

has been appointed to the said post.

4. The learned counsel for the petitioner submitted that the fourth respondent has been appointed only due to political influence and without following any rules.

5. The learned Additional Government Pleader for the second respondent submitted that one Palanivel has been working as a Panchayat Secretary and consequent to his promotion, the post has become vacant from 21.12.2015. In fact, the Selection Committee is involved in the selection process and the petitioner cannot be appointed just because the Grama Sabha has passed resolution stating that she is fit enough to be appointed as Panchayat Secretary.

6. The notification calling for the application to the post of Panchayat Secretary itself has got certain terms and conditions and one among the important terms is that the appointment would be done by following the rules for reservation and the merit and the ability of the applicants is assessed on the basis of various factors by the Selection Page No.3 of 6

Committee.

7. The selection was made by the selection committee according to the merit and ability of the candidates subject to rule of reservation. The fourth respondent belonged to SC community and fulfilled all the qualifications prescribed for the post of Panchayat Secretary. The appointment cannot be made just because with the recommendations of some of the village persons for the post of Panchayat Secretary. As the petitioner had approached the Court in a wrong notion that her entitlement is based upon the villagers' recommendation, I find no ground in favour of the petitioner. In view of the above stated reasons, this Writ Petition is liable to be dismissed.

8. In the result, this Writ Petition is dismissed. No. costs. Consequently, connected miscellaneous petitions are closed. Index : Yes /No 24.02.2025 Speaking / Non-speaking gsk To 1.The District Collector, Page No.4 of 6

Collectorate, Thiruvarur & District.

2.The Special Officer / Block Development Officer (Village Panchayat), Thiruthuraipoondi Region, Thiruvarur District.

3.The Special Officer, The Nunaakadu Village Panchayat, Thiruthuraipoondi Taluk, Thiruvarur District.

Page No.5 of 6

R.N.MANJULA,J.

gsk W.P.No.30139 of 2018 and W.M.P.Nos.35162 & 35168 of 2018 24.02.2025 Page No.6 of 6