Christy Dhanabakkiam v. The District Educational
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.07.2019
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD)No.5084 of 2014 Christy Dhanabakkiam Theemathu ... Petitioner -Vs1.The District Educational Officer, Office of the District Educational Officer, Thanjavur District.
2.C.S.I.Trichy-Thanjavur Diocese, Represented by Bishop-Manager of Diocesan Schools, Puthoor, Trichy-17.
3.The Education Secretary, C.S.I.Trichy-Thanjavur Diocese, Puthoor, Trichy-17.
...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 respondents 2 and 3 to consider the petitioner's representation dated 03.08.2013 and consequently, appoint the petitioner as a Special Teacher (Tailoring). For Petitioner : Mr.T.Srinivasan For R1 : Mrs.S.Srimathy, Special Government Pleader.
For R2 and R3 : No Appearance
ORDER
The relief sought for in the present Writ Petition is for a direction to direct the respondents to consider the petitioner's representation dated 03.08.2013 and consequently, to appoint the writ petitioner as a Special Teacher (Tailoring). 2.The learned counsel appearing on behalf of the writ petitioner states that the writ petitioner is fully qualified for appointment to the post of Special Teacher (Tailoring) and she has completed 10th standard in the year 1989 and passed tailoring course at Vasuki Ammal Tailoring School, Perambalur in the year 1997. The writ petitioner further acquired Technical Teachers' Certificate through the Department of Government Examination, Chennai, therefore, she is fully qualified for the post of Special Teacher (Tailoring).
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3.However, the writ petitioner has not established that she is participated in any of the selection process. Contrarily, the writ petitioner raised a claim based on the representation submitted by the writ petitioner to the competent authorities. Mere submission of representation or application would not confer any right on the writ petitioner to claim appointment. Whenever recruitment notification is issued for selection, then the writ petitioner is at liberty to participate in the process of selection and secure employment on merits and in accordance with law. 4.This being the principles to be followed, mere submission of the representation would not provide any cause for the writ petitioner to file a Writ Petition, seeking a direction to consider her representation.
Even for issuing a direction to consider the representation, the writ petitioner has to establish a legal right. However, in the present Writ Petition, 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. Accordingly, this Writ Petition stands dismissed. No costs. Sd/- Assistant Registrar(Records) // True Copy // Sub Assistant Registrar(CS) Myr To The District Educational Officer, Office of the District Educational Officer, Thanjavur District.
+1CC TO MR.R.VENKATESAN, Advocate Sr. No.76127 +1CC TO THE SPECIAL GOVERNMENT PLEADER SR.No.76349 W.P(MD)No.5084 of 2014 18.07.2019 KG(CO) TR (01.08.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/