G. Srilekha v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.04.2017

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.A.(MD) No.1431 of 2014 and M.P.(MD) No.1 of 2014 G.Srilekha ... Appellant -vs1. The State of Tamil Nadu Rep. by its Secretary Department of Youth Affairs and Sports Fort. St. George, Chennai - 09

2. The Member Secretary Sports Development Authority of Tamil Nadu 116-A, Periyar EVR High Road Nehru Park, Chennai - 600 084

3. The Director of Professional and Executive Employment Chennai

4. The Assistant Director of Professional and Executive Employment Madurai, Madurai District.

... Respondents PRAYER (in W.A.(MD) No.1383 of 2013) : Writ Appeal filed under Clause 15 of Letters Patent to set aside the order, dated 15.10.2012 in W.P.(MD) No.2041 of 2012, on the file of this Court. Prayer in WP(MD). 2041/ 2012 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus, directing the respondents 1 and 2 hereinto consider forthwith the petitioner for appointment as Sports Coach for which the petitioner is legally entitled to and to give appointment to her in any one of the posts based on Certificate Verification, Practical

and Personal Interview conducted by the 2nd respondent on 13.02.2012, 14.02.2012 and 15.02.2012.

For Appellant : Mr.S.Xavier Rajini For Respondents : Mr.V.Muruganantham Addl. Govt. Pleader for R1, R3, R4 Mr.P.Srinivas for R2

J U D G M E N T

[Judgment of the Court by T.S.SIVAGNANAM, J.] The appellant is the writ petitioner, who sought for a direction upon the respondents 1 and 2 to consider her for appointment as Sports Coach. The writ petition was filed during 2012 and it came to be dismissed at the admission stage on the ground that merely because of the employment seniority, she cannot be appointed as Sports Coach.

2. We are in full agreement with the view expressed by the learned Single Judge, while dismissing the writ petition. Furthermore, by efflux of time, no direction can be issued to the respondents as the recruitment process is already over. Therefore, we find no ground to entertain this writ appeal and the same is liable to be dismissed.

3. In the result, the writ appeal fails and it is dismissed. However, this will not prevent the appellant to apply as and when notification comes up, provided she is qualified to apply for the same. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (AD-II) /True Copy/ Sub Assistant Registrar To:

1. The Secretary, Department of Youth Affairs and Sports, Fort. St. George, Chennai - 09.

2. The Member Secretary, Sports Development Authority of Tamil Nadu, 116-A, Periyar EVR High Road, Nehru Park, Chennai - 600 084.

3. The Director of Professional and Executive Employment, Chennai.

4. The Assistant Director of Professional and Executive Employment, Madurai, Madurai District.

+ 1 CC TO Mr.P.SRINIVAS, ADVOCATE IN SR No. 50554 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 50398 SKM/KRK TE/SKN-RSK : 17/04/2017 : 3P/7C W.A.(MD) No.1431 of 2014 and M.P.(MD) No.1 of 2014 04.04.2017