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Madras High CourtWP(MD)/13558/2014dismissed as infructuous

Al. Mohammed Saleem, v. The District Collector

2019-08-28Honourable Mr Justice S.M. Subramaniam2 pages

W.P.(MD) No.13558 of 2014 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.08.2019

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD) No.13558 of 2014 and M.P.(MD) Nos.1 & 2 of 2014 Al Mohammed Saleem ... Petitioner vs.

1.The District Collector Collectorate, Tirunelveli-01 2.The Assistant Director of Employment Officer District Employment Office Tirunelveli-01 3.The Regional Joint Director Regional Office of Animal Husbandry Tirunelveli ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of certiorari to call for the records of the impugned list published by the Respondent No.2 for the post of Animal Husbandry Assistant dated 03.07.2012 and quash the same. For Petitioner :

Mr.S.M.A.Jinnah For Respondents :

Mr.D.Muruganandham Additional Government Pleader

O R D E R

The relief sought for in the present writ petition is to quash the list for appointment to the post of Animal Husbandry Assistant.

2. The Assistant Director of Employment, District Employment Office, Tirunelveli / second respondent, sponsored a list of candidates for selection and appointment to the post of Animal Husbandry Assistant. However, the name of the writ petitioner was not considered on account of the fact that he was over-aged during the relevant point of time.

3. The writ petitioner though states that some persons, who all were juniors to him, were selected, no such candidates were impleaded as respondents in the present writ petition nor such a contention is substantiated with some proof to establish that there were some malpractice or violation of rules or corrupt activities in https://hcservices.ecourts.gov.in/hcservices/ 1/4

W.P.(MD) No.13558 of 2014 the process of selection. Even at the time, when the writ petition was filed, the writ petitioner was 41 years old and now, he would be aged around 46 years.

4. This apart, the list for appointment to the post of Animal Husbandry Assistant was published in the year 2014 and the selection was concluded long back. In view of the fact that the writ petitioner was over-aged during the relevant point of time, non-consideration of his name was in accordance with the recruitment rules in force and the Court cannot grant any age relaxation. Grant of age relaxation being an exemption cannot be granted in a routine manner. All appointments are to be made strictly in accordance with the recruitment rules in force and by following the terms and conditions of the notification. Thus, this Court is of the opinion that the writ petitioner has not established even a semblance of legal right so as to consider the relief as such sought for in the present writ petition.

5. Accordingly, the writ petition stands dismissed. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (AD-II) // True Copy // Sub Assistant Registrar(CS ) To:

1.The District Collector, Collectorate, Tirunelveli-01.

2.The Assistant Director of Employment Officer, District Employment Office, Tirunelveli-01.

3.The Regional Joint Director, Regional Office of Animal Husbandry, Tirunelveli.

+1 CC to MSPL GP SR-84196.

W.P.(MD) No.13558 of 2014 and M.P.(MD) Nos.1 & 2 of 2014 28.08.2019 CS(10.09.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/4