Karthik Kumar K v. The Director Of Tamil Nadu Employment And Training

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.03.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN K.Karthik Kumar ... Petitioner Vs.

1.The Director of Tamil Nadu Employment and Training, Alandur Road, Thiru.Vi.Ka.Industries Estate, Guindy, Chennai-600 032.

2.The Zonal Deputy Director (Employment), Government I.T.I.Campus, K.Pudur, Madurai-652 007.

3.The District Employment Officer, District Employment and Career Guidance Centre, Dindigul.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents to consider the petitioner's representation dated 18.02.2023 for the employment based on G.O.Ms.No.122, Human Resource (K2) Department, dated 02.11.2021 and further directing the respondents to maintain the records with priority level in the employment exchange.

For Petitioner : Mr.P.Manikandan For Respondents : Mr.K.Balasubramani Special Government Pleader 1/4

ORDER

Heard the learned counsel on either side.

2. The petitioner belongs to scheduled caste community. His wife is from a non-SC community. The petitioner therefore comes under what is known as intercaste married couple category. It is no doubt a priority category as per the Government orders. The petitioner wants the employment exchange to give him priority while sponsoring candidates. Since the respondents did not accept the petitioner's request, the present writ petition came to be filed.

3. Paragraph Nos.8 & 9 of the counter affidavit filed by the respondents are as follows:- "8. The Government of Tamil Nadu has raised a Government Order in G.O.Ms.No.122, Human Resource Department dated 02.11.2021 to recognise the order of priority to be followed to the vacancies notified to the District Employment and Career Guidance Centres. As per the G.O mentioned above, the revised order of priority is followed by the employers while notifying the vacancies. The seniority in respect of priority candidate is also maintained based on the date of educational qualification registered in the Employment Office. The senior most priority registered candidates are also sponsored by this office based on age, seniority of educational qualification and communal rotation in respect of priority vacancies.

9. The petitioner has made representation to the district employment and career guidance centre, Dindigul on 03.01.2023 requesting to sponsor him to the vacancies notified to this office in inter caste marriage priority category. A 2/4

detailed reply was given to the petitioner by the third respondent on 06.01.2023 stating that the senior most registered candidates are sponsored by the employment office based on age, educational qualification and communal rotation as mentioned by the employer. It was further stated that the seniority of the registered candidates is maintained based on the educational qualification and not maintained based on the priority."

4. The definite stand of the respondents is that it is for the employer to consider the case of the petitioner under priority category depending on the terms of the recruitment notification. As far as the employment exchange is concerned, they will sponsor candidates based on the seniority maintained by them. Merely because the petitioner comes under the priority category, he cannot steal a march over others by overlooking seniority. I sustain the stand of the respondents. My attention has not been drawn to any provision or G.O which will confer seniority for the candidates coming under the priority category. I do not find any ground to grant relief as prayed for.

5. The Writ Petition is dismissed. No costs. 30.03.2023 Index : Yes / No Internet : Yes/ No rmi 3/4

G.R.SWAMINATHAN, J.

rmi To 1.The Director of Tamil Nadu Employment and Training, Alandur Road, Thiru.Vi.Ka.Industries Estate, Guindy, Chennai-600 032.

2.The Zonal Deputy Director (Employment), Government I.T.I.Campus, K.Pudur, Madurai-652 007.

3.The District Employment Officer, District Employment and Career Guidance Centre, Dindigul.

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