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Madras High CourtWP(MD)/16393/2020dismissed

Amala Geetha v. The Registrar

2020-11-19Honourable Mr Justice Krishnan Ramasamy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.11.2020

CORAM:

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY and W.M.P(MD) Nos.13714 and 13715 of 2020 Amala Geetha ... Petitioner Vs.

1.The Registrar, Co-operative Societies, No.170, Periyar EVR Highway, Kilpakkam, Chennai - 10.

2.The District Collector, District Collector Office, Dindigul - 624004.

3.The Joint Registrar/The President, District Recruitment Bureau, Co-operative Department, Dindigul District, District Collector office campus (2nd Floor), Dindigul - 624 004.

... Respondents PRAYER : This Writ Petition is filed under Article 226 of Constitution of India for issuance of Writ of Mandamus, directing the respondents 1 to 3 to permit the petitioner to participate in the recruitment process including Written examination and interview by way of considering the application submitted by the petitioner through online dated 09.09.2019 within a stipulated time that may be fixed by this Court.

For Petitioner : Mr.R.Karunanidhi For Respondents : Mr.A.Thiagarajan Government Advocate

O R D E R

By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. 2.This petition has been filed for a direction to the respondents 1 to 3 to permit the petitioner to participate in the recruitment process including written examination and interview by 1/4

way of considering the application submitted by the petitioner through online dated 09.09.2019.

3.The learned counsel appearing for the petitioner would submit that the third respondent issued notification on 28.08.2019 vide Notification No.1/2019 and called for the post of Assistant in Dindigul District. Accordingly, the petitioner applied for the post of Assistant through online on 09.09.2019 and she has also paid online fee of Rs.250/- towards the application charges. Subsequently, the third respondent has cancelled the exam, which was scheduled to be conducted on 23.11.2019. In these circumstances, the third respondent has given another notification dated 12.03.2020 and fixed the last date as 04.04.2020 for submitting the application by the eligible candidates. 4.The learned counsel appearing for the petitioner would further submit that the first respondent office has issued a notification vide office proceedings in NA.KA.No.

69274/2018SA.NA.1 dated 18.03.2020 to inform all the District Recruitments Bureau to take a decision with regard to cancelling the recruitment process in view of COVID-19 pandemic. He would further submit that in the mean time, the State Government as well as the Central Government has announced lock down in view of Corona virus pandemic outbreak. Therefore, the petitioner was not able to access any of the internet browsing centers to apply online application, since the lock down were extended time to time strictly by the State of Tamil Nadu from March 2020 to August 2020. The petitioner and other candidates were in fond hope to get subsequent information about the recruitment process. In the meantime, the third respondent has informed through news advertisement vide No.

4/2020 wherein informed that the examination would be conducted on 21.11.2020. The petitioner came to know this announcement on 11.11.2020 and immediately on 12.11.2020, she has submitted a detailed representation to the third respondent office through postal and requested to process her old applied online application and permit her to participate in the recruitment process.

However, the representation of the petitioner was not considered by the respondents till date. Hence, without any other option, the petitioner approaches this Court for appropriate relief.

5.On the other hand, the learned Government Advocate appearing for the respondents would submit that the recruitment process was initiated for 76 posts of Assistant in Dindigul District. So far, they have received about 837 applications. He would further submit that they cannot cancel any recruitment process, as they have already completed the entire recruitment process and the examination scheduled to be conducted on 21.11.2020. The petitioner has not filed any application either physically or 2/4

through online. Therefore, she is not entitled to participate in the examination conducted by the respondents. 6.Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents. 7.Admittedly, the petitioner filed an online application on 09.09.2019 consequent to the notification issued on 28.08.2019. The said notification was withdrawn and subsequently, a fresh notification was called for to fill up the post of Assistant vide notification dated 12.03.2020. It is an admitted fact that subsequent to the notification dated 12.03.

2020, the petitioner has not applied with any application for the post of Assistant and without making any application afresh based on second notification, this Court of considered view that no right will accrue for the petitioner to participate in the selection process based on the application filed subsequent to the first notification as the same was withdrawn and a fresh notification was issued. Therefore, I am of the opinion that the petitioner is not entitled to get any more opportunity without filing any application subsequent to the second notification dated 12.03.2020. Accordingly, the petitioner is not entitled to any relief as sought for in the writ petition.

8.In view of the above discussions, this Writ Petition is dismissed. No costs. Consequently connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2020 Sub Assistant Registrar(CS) CP Note : In view of the present lock down owing to COVID19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To:- 1.The Registrar, Co-operative Societies, No.170, Periyar EVR Highway, Kilpakkam, Chennai - 10.

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2.The District Collector, District Collector Office, Dindigul - 624004.

3.The Joint Registrar/The President, District Recruitment Bureau, Co-operative Department, Dindigul District, District Collector office campus (2nd Floor), Dindigul - 624 004.

+1 CC to SGP ( SR-22378[F] dated 20/11/2020 ) 19.11.2020 MA(CO) KM (14.12.2020) 4P 5C 4/4