Madras High CourtWP(MD)/15973/2019disposed of

G.M.Ezhil Ezhumalai v. Government Of Tamil Nadu

2022-04-19Honourable Mr Justice S.M. Subramaniam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:19.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD)No.15973 of 2019 & WMP(MD)No.15602 of 2019 G.M.Ezhil Ezhumalai ... Petitioner Vs.

1. The Government of Tamil Nadu Through its Chief Secretary, St.George Fort, Chennai.

2. The Department of Health and Family Welfare Through it Secretary, St.George Fort, Chennai.

... Respondents PRAYER: Writ Petition under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to provide petitioner suitable employment under the special scheme as the recipient of National youth Award for the year 2001-2002, in view of the note order made by the Respondents Secretaries, by considering petitioner's representation dated 29-06-2019 within the period as stipulated by this Hon'ble Court. For Petitioner : Mr.A.Haja Mohideen For Respondents : Mr.M.Ramesh Government Advocate for R1 & R2

ORDER

The relief sought for in the present writ petition is to direct the respondents to provide petitioner suitable employment under the special scheme, as the recipient of National Youth Award for the year 2001-2002, in view of the note order made by the Respondents Secretaries, by considering the petitioner's representation dated 29-06-2019 .

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2.The petitioner claims that he is the recipient of National Youth Award for the year 2001-2002. Thus, he must be provided with suitable employment under any Special Scheme. 3.Appointment can never be claimed as a matter of right. Even appointments under the Special Scheme are to be considered strictly in accordance with the terms and conditions as well as the rules in force. Merely by sending a representation or by filing a writ petition, the petitioner cannot seek a direction to provide employment. Equal opportunity in employment is the constitutional mandate. All eligible persons, who all are aspiring to secure public employment is to be considered at the time of undertaking the process of appointment either under the Special Scheme or under the recruitment rules in force. 4.Thus, by filing the writ petition, the petitioner cannot secure appointment and in the event of issuing any such recruitment by the competent authorities or the process of selection is undertaking, the petitioner is at liberty to participate in the process of selection.

5.With these liberty, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS I) // True Copy // / /2022 Sub Assistant Registrar(CS) Ns To

1. THE GOVERNMENT OF TAMIL NADU THROUGH ITS CHIEF SECRETARY, ST.GEORGE FORT, CHENNAI.

2. THE DEPARTMENT OF HEALTH AND FAMILY WELFARE THROUGH IT SECRETARY, ST.GEORGE FORT, CHENNAI.

+1 CC to M/s.SPL.GOVERNMENT PLEADER (SR-19753[F] dated 20/04/2022 ) W.P.(MD)No.15973 of 2019 & WMP(MD)No.15602 of 2019 19.04.2022 SP/06/05/2022/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2