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Madras High CourtWP(MD)/15124/2014dismissed

Balamurugan v. The District Employment

2019-07-23Honourable Mr Justice S.M. Subramaniam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.07.2019

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD)No.15124 of 2014 and M.P.(MD)No.1 of 2014 Balamurugan ... Petitioner -Vs1.The District Employment Officer, Department of Employment and Training, Virudhunagar, Virudhunagar District.

2.The Divisional Engineer, (H & RW), Virudhunagar, Virudhunagar District.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the first respondent to sponsor the petitioner's name for the post of Road Inspector in the second respondent office based on the petitioner's representation dated 05.09.2014 and consequently, directing the second respondent to issue call letter to the petitioner for the post of Road Inspector.

For Petitioner : Mr.F.Deepak For Respondents : Mr.M.Jeyakumar, Additional Government Pleader.

ORDER

The relief sought for in the present Writ Petition is for a direction to direct the first respondent to sponsor the writ petitioner's name for the post of Road Inspector in the office of the second respondent.

2.The learned counsel appearing on behalf of the writ petitioner states that he has completed 10th standard and passed ITI and the writ petitioner had done apprenticeship under the guidance of the Divisional Engineer (H & RW), Virudhunagar. 3.The learned counsel appearing on behalf of the writ petitioner further states that the writ petitioner is eligible for appointment to the post of Road Inspector. The writ petitioner has registered his name in the employment exchange, Virudhunagar on 02.09.1994 and his name was not sponsored for selection to the post of Road Inspector.

4.Mere registration of the name in the employment exchange would not confer any right on the writ petitioner to seek sponsorship. Names of the eligible persons are to be sponsored for https://hcservices.ecourts.gov.in/hcservices/

selection to the Road Inspector in accordance with the registration seniority and by following the communal rotation. Thus, the registration of the name in the employment exchange is a facility provided by the Government with a view to provide equal opportunity to all the eligible candidates in accordance with the equality clause enunciated in the Constitution of India. 5.This being the purpose of registration, mere registration would not be a ground to grant sponsorship or appointment to the writ petitioner. Thus, the writ petitioner would get a chance, if his name is sponsored.

6.The learned Additional Government Pleader appearing on behalf of the respondents states that the writ petitioner is over aged for appointment to the post of Road Inspector. 7.This being the factum, the relief as such sought for in the present Writ Petition cannot be granted and further, the writ petitioner has not established even a semblance of legal right, so as to consider his case. Accordingly, this Writ Petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS II) // True Copy // Sub Assistant Registrar(CS) To 1.The District Employment Officer, Department of Employment and Training, Virudhunagar, Virudhunagar District.

2.The Divisional Engineer, (H & RW), Virudhunagar, Virudhunagar District.

+1 CC to M/s.F.DEEPAK, Advocate ( SR-77109[F] dated 24/07/2019 ) +1 CC to M/s.SPL GP ( SR-77169[F] dated 24/07/2019 ) W.P.(MD)No.15124 of 2014 23.07.2019 MYR KK/SAR/01.08.2019/2P-5C/ https://hcservices.ecourts.gov.in/hcservices/