S.Imam Sirajdheen, v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.06.2023
CORAM
THE HONOURABLE MRS.JUSTICE S.SRIMATHY and W.M.P.(MD)Nos.5204, 5205 of 2019 and 13719 of 2021 S.Imam Sirajdheen ... Petitioner vs.
1.The District Collector, Thoothukudi District, Thoothukudi.
2.P.A. to District Collector, Office of the District Collectorate, Thoothukudi District, Thoothukudi.
3.The Tahsildar, Office of the Tahsilar, Srivaikundam Taluk, Thoothukudi District.
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4.Banu Priya, Village Assistant, Vadavallanadu, Srivaigundam Taluk, Thoothukudi District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Declaration, to declare the appointment of the 4th respondent as communicated by the 3rd respondent, vide his proceedings Na.Ka.A6/1159/2019, dated 11.03.2019, is illegal and offends Article 14 and 16 of the Constitution of India and consequently, to direct the 3rd respondent to appoint the petitioner as Village Assistant at Vadavallandau, Srivaigundam Taluk, Thoothukudi District, with all other benefits.
For Petitioner : Mr.H.Mohammed Imran for M/s.Ajmal Associates For R1 to 3 : Mr.M.Lingadurai Special Government Pleader ***** 2/7
O R D E R
This writ petition is filed for writ of Declaration, to declare the appointment of the 4th respondent vide his proceedings, dated 11.03.2019, as illegal and consequently, to direct the 3rd respondent to appoint the petitioner as Village Assistant at Vadavallandau, Srivaigundam Taluk, Thoothukudi District, with all other benefits.
2. It is seen that the petitioner had participated in the selection process based on the Notification, dated 14.07.2018, but the petitioner's candidature was not considered, despite he belonged to BC Muslim category.
3. The Learned Special Government Pleader submitted that the 4th respondent was appointed on 24.09.2018 for the reason that the 3/7
Government intended to fill up the post to a person, who is a victim in Sterlite agitation. But it is seen that the reason cited in the impugned order is that the petitioner will not come under the priority category and hence the petitioner cannot claim the said post.
4. Since it is policy decision of the government to accommodate the victim of Sterlite agitation, this Court is not inclined to interfere in the appointment of the 4th respondent.
5. The Learned Counsel appearing for the petitioner submitted that subsequently the Government has issued notification dated 10.10.2022 to fill up the vacancies and one post is allotted for BC Muslim priority category. Even though the respondents have issued the above said notification, the recruitment process was not conducted. Therefore, the petitioner prayed to direct respondents to accommodate the petitioner in 4/7
the said post allotted to the BC Muslim. This Court is of the considered opinion that when the respondents have decided not acted upon the notification, then the respondents cannot be directed to conduct the recruitment process. Moreover, the petitioner cannot claim right over the said post.
6. But the petitioner is at liberty to participate in future recruitment process and the respondents may consider the petitioner's candidature by relaxing the age.
7. With the above said observation, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed. Index : Yes / No 23.06.2023 Internet : Yes NCC : Yes / No 5/7
Tmg To 1.The District Collector, Thoothukudi District, Thoothukudi.
2.P.A. to District Collector, Office of the District Collectorate, Thoothukudi District, Thoothukudi.
3.The Tahsildar, Office of the Tahsilar, Srivaikundam Taluk, Thoothukudi District.
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S.SRIMATHY, J Tmg 23.06.2023 7/7