A.Arunkumar v. State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.01.2023
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P. (MD) No.43 of 2023 and W.M.P.(MD)Nos.62, 64 and 65 of 2023 A.Arunkumar ... Petitioner Vs.
1.State of Tamil Nadu, Rep. by its Secretary to Government, Cooperation, Food and Consumer, Protection Department, Secretariat, Chennai-600 009.
2.The Registrar of Co-opertaive Socities, NVN Natarasan Maaligai, 170, EVR Periar High Road, Kilpauk, Chennai-600 010.
3.The District Collector of Thanjavur, Thanjavur District.
4.The Joint Registrar, Thanjavur District Recruitment Bureau for Co-operative Societies, Thanjavur.
5.The President, T.1712, Pudukkudi Primary Agriculture and Credit Co-operative Society, Pudukkudi Taluk, Thanjavur District.
... Respondents 1/5
Prayer:- Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, calling for the impugned Notification No.01/2022, dated 13.10.2022 on the file of the fourth respondent herein and to quash the same as far as appointment to the post of "Sales Man" is concerned and direct the fifth respondent to appoint this petitioner as "Sales Man" by considering the educational qualification and experience in the light of enabling provision contemplated under Section 136(d) (2) of the Tamil Nadu Cooperative Societies Act.
For Petitioner : Mr.K.R.Laxman For Respondents : Mr.Veerakathiravan Additional Advocate General Assisted by Mr.N.Ramesh Arumugam Government Advocate
ORDER
This Writ Petition has been filed challenging the impugned Notification dated 13.10.2022, issued by the fourth respondent and to quash the same as far as appointment to the post of "Sales Man" is concerned and direct the fifth respondent to appoint this petitioner as "Sales Man" by considering the educational qualification and experience, in the light of enabling provision contemplated under Section 136 (d) (2) of the Tamil Nadu Cooperative Societies Act.
2. By consent of both the parties, this writ petition is taken up for final disposal at the admission stage itself.
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3. The learned counsel appearing for the petitioner would submit that though the petitioner has filed the present writ petition challenging the recruitment Notification dated 13.10.2022, the petitioner has participated in the selection process and submitted his application on 09.11.2022 and written the examination on 15.12.2022, however, the result was not published. Hence, this Court may issue a direction to the fourth respondent to communicate the result to the petitioner to enable him to work out the remedy, in the manner known to law.
4. The learned Additional Advocate General appearing for the respondents would submit that the petitioner has challenged the recruitment Notification solely on the ground that Section 136 (d) (2) of the Tamil Nadu Cooperative Societies Act has not been followed. However, Section 136 (d)
(2) of the Tamil Nadu Cooperative Societies Act already amended as per Act 36 of 22.
5. Considering the limited request made by the learned counsel for the petitioner, this Court, without interfering with the impugned Notification dated 13.10.2022, dismissed the Writ Petition with the direction to the fourth respondent to communicate the result of the petitioner within a period of two 3/5
weeks from the date of receipt of a copy of this order. No costs. Consequently, the connected Miscellaneous Petitions are closed. 04.01.2023 NCC : Yes/No Index : Yes/No Internet : Yes/No akv To 1.The Secretary to Government, Cooperation, Food and Consumer, Protection Department, Secretariat, Chennai-600 009.
2.The Registrar of Co-opertaive Socities, NVN Natarasan Maaligai, 170, EVR Periar High Road, Kilpauk, Chennai-600 010.
3.The District Collector of Thanjavur, Thanjavur District.
4.The Joint Registrar, Thanjavur District Recruitment Bureau for Co-operative Societies, Thanjavur.
5.The President, T.1712, Pudukkudi Primary Agriculture and Credit Co-operative Society, Pudukkudi Taluk, Thanjavur District.
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M.DHANDAPANI, J.
akv Order made in W.P.(MD) No.43 of 2023 04.01.2023 5/5