K.Seit, v. The Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:18.11.2021

CORAM:

THE HONOURABLE DR.JUSTICE ANITA SUMANTH K.Seit ... Petitioner vs.

1.The Secretary, Department of Adi Dravidar Welfare Department, Secretariat, Chennai 600 009.

2.The District Collector, Dindigul District, Dindigul.

3.The District Employment Officer, District Employment Exchange and Training Department, Thanjavur, Thanjavur District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the learned Principal District Judge, Principal District Court, Dindigul, to provide privilege to the petitioner under the Special category of Inter Caste Marriage while recruiting Candidates to the post of Sweeper, Office Assistant, Masalchi cum Night Watchman, following the Employment Notification 2018 on the basis of petitioner's representation, dated 26.05.2018. For Petitioner : Mr.T.Indrachithu For Respondents : Mr.K.S.Selvaganesan Additional Government Pleader

O R D E R

The petitioner was working as an Advocate Clerk in Thanjavur. He seeks a Mandamus directing the Principal District Judge, Principal District Court, Dindigul, to provide privilege to him under the Special category of Inter Caste Marriage, while recruiting candidates to the post of Sweeper, Office Assistant, Masalchi cum Night Watchman, following Employment Notification 2018, on the basis of petitioner's representation, dated 26.05.2018, before the Principal District Judge to the aforesaid effect. 1/3

2. Though the Notification is addressed to the Principal District Judge, the Principal District Judge is not a party in this writ petition. That apart, the question of priority will have to be strictly followed, in light of the Employment Notification itself, the governing Rules and Regulations and the qualifications prescribed for the particular post and determination as to whether the candidate in question satisfies the terms.

3. Thus, the question of consideration of a representation in such cases would not arise. Moreover, since the prayer is in relation to an Employment Notification issued in the year 2018 in pursuance of which, the posts, I presume would have been filled as on date.

4. Thus, and in light of the aforesaid discussion, the Mandamus as sought for is not liable to be issued and is rejected. The petitioner is always at liberty to await fresh Employment Notifications and if he believes that he holds requisite qualification in respect of the posts advertised, he may apply for the same. Application, if and when submitted will be considered, in accordance with applicable Rules and Regulations. Accordingly, the Writ Petition is closed. No costs.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) akv 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 Secretary, Department of Adi Dravidar Welfare Department, Secretariat, Chennai 600 009.

2.The District Collector, Dindigul District, Dindigul.

2/3

3.The District Employment Officer, District Employment Exchange and Training Department, Thanjavur, Thanjavur District.

+1 CC to M/s.SPL GP ( SR-35179[F] dated 19/11/2021 ) W.P.(MD)No.11652 of 2018 18.11.2021 RK(07/01/2021) 3P 5C 3/3