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Madras High CourtWP(MD)/8593/2018dismissed

S.Dhanapackiam v. The District Collector

2021-11-15Honourable Dr Justice Anita Sumanth2 pages

W.P.[MD]No.8593 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.11.2021

CORAM:

THE HONOURABLE DR.JUSTICE ANITA SUMANTH W.P.(MD)No.8593 of 2018 S.Dhanapackiam

...Petitioner

/Vs./ 1.The District Collector, Trichy District, Trichy 620 001.

2.The Personal Assistant to the District Collector, Noon Meal Section, Office of the District Collector, Trichy 620 001.

3.The Block Development Officer, Union Panchayat, Manapparai, Trichy District.

4.Lakshmi

...Respondents

PRAYER:- Writ Petition - filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus directing the Respondent Nos.1 to 3 to cancel the appointment of 4th Respondent as Assistant Cook allotted under MBC Quota and consequently direct the Respondent Nos.1 to 3 to appoint Petitioner as Assistant Cook reserved for SC Quota in Pitchampatti Union Panchayat Middle School, in Manapparai Taluk, Trichy District, by considering petitioner's representation dated 12.03.2018, within the period stipulated by this Court. For Petitioner : Mr.A.Haja Mohideen For R1 & R2 : Mr.D.Sadiq Raja Additional Government Pleader For R3 : Mr.A.Thiyagarajan

ORDER

Heard Mr.A.Haja Mohideen, learned counsel for the petitioner and Mr.D.Sadiq Raja, learned Additional Government Pleader for the first and second respondents. Service is not completed upon R4, which is immaterial, in the light of the order I have passed hereinbelow.

2.I find no merit in this writ petition. The petitioner seeks a mandamus directing the official respondents, to cancel the https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.[MD]No.8593 of 2018 appointment of R4 for the post of Assistant cook allotted under MBC quota and consequentially seeking appointment for himself. 3.The petitioner proceeds upon the assumption that the post of Assistant cook in the Pitchampatti Union Panchayat Middle School, in Manapparai Taluk, Trichy District is reserved for SC quota. However, the request has itself been made on a mistaken notion that the post is reserved for a particular community, as the petitioner has himself, pending writ petition, obtained a clarification under the Right to Information Act, 2005 to the effect that the post in question falls under open category. 4.Thus, and as the very premise of the writ petition fails, this Writ Petition is dismissed. No costs.

Sd/- Assistant Registrar (Crl) // True Copy // / /2021 Sub Assistant Registrar(CS) Sm Note :

In view of the present lock down owing to COVID-19 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 District Collector, Trichy District, Trichy 620 001.

2.The Personal Assistant to the District Collector, Noon Meal Section, Office of the District Collector, Trichy 620 001.

3.The Block Development Officer, Union Panchayat, Manapparai,Trichy District.

+1 CC to M/s.SPL GP ( SR-34778[F] dated 17/11/2021 ) W.P.(MD)No.8593 of 2018 Dated:15.11.2021 https://hcservices.ecourts.gov.in/hcservices/ RK(29/11/2021) 2P 5C 2/2