Madras High CourtWP(MD)/14550/2014dismissed

D.Balamurugan v. The Secretary,

2019-07-26Honourable Mr Justice S.M. Subramaniam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.07.2019

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD) No.14550 of 2014 and M.P.(MD) No.1 of 2014 D.Balamurugan ... Petitioner vs.

1.The Secretary Education Department Secretariat, Chennai 2.The Chairman Teachers Recruitment Board College Road, Chennai-600 006 3.The Director of Elementary Education College Road, Chennai-600 006 4.The District Elementary Education Officer Sivagangai Collectorate Complex Sivagangai-630 561 ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus to direct the 2nd respondent to select the petitioner for an appointment of Secondary Grade Teacher for elementary schools to the petitioner based on the representations and certificates submitted by the petitioner on 30.08.2013 and direct the 3rd respondent to allow and participate in the counseling to be held for the post of secondary grade teacher for elementary schools in the current recruitment made by the 4th respondent.

For Petitioner :

Mr.C.Arunmozhi Rajashankar For Respondents :

Mr.V.R.Shanmuganathan Special Government Pleader

O R D E R

The relief sought for in the present writ petition is for a direction to to the second respondent to select the writ petitioner for appointment to the post of Secondary Grade Teacher, based on his representation dated 30.08.2013.

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2. The writ petitioner participated in the process of selection for appointment to the post of Secondary Grade Teacher from the year 2012, however, he was not selected. The writ petitioner submitted a representation on 30.08.2013 to the second respondent to consider his name for selection and appointment to the post of Secondary Grade Teacher. Based on the said representation, dated 30.08.2013, the present writ petition is filed.

3. Mere submission of a representation would not confer any right on the candidate to seek appointment by filing a writ petition. The writ petitioner has not established any illegality, malpractice or corrupt activities in the process of selection. However, he states that his representation is to be considered for appointment to the post of Secondary Grade Teacher. The writ petitioner participated in the process of selection and was unsuccessful. This being the factum, the relief as such sought for in the present writ petition cannot be granted as 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.

4. Accordingly, the present writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (AS) // True Copy // Sub Assistant Registrar(CS) To:

1.The Secretary, Education Department,Secretariat, Chennai. 2.The Chairman,Teachers Recruitment Board, College Road, Chennai-600 006.

3.The Director of Elementary Education,College Road, Chennai -600 006.

4.The District Elementary Education Officer, Sivagangai Collectorate Complex, Sivagangai-630 561.

W.P.(MD) No.14550 of 2014 and M.P.(MD) No.1 of 2014 26.07.2019 NA (05.08.2019) 2P : 5C https://hcservices.ecourts.gov.in/hcservices/