M.E.Selvakumar v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.09.2024

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ M.E.Selvakumar ... Petitioner Vs.

1.The Commissioner, Hindu Religious, Charitable & Endowment Department, Chennai.

2.The Joint Commissioner / Executive Officer, Srirengam Renganathasamy Temple, Srirengam, Trichy.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, thereby direct the respondents to consider petitioner's (M.E.Selvakumar) candidature in the selection process for the post of Watchmen conducted by the second respondent vide his publication, dated 14.09.2022 in Na.Ka.No.905/1432/C1 by considering petitioner's representation, dated 14.08.2024 and pass such further or other orders as this Court.

For Petitioner : Mr.B.Sekar 1/5

For R-1 : Mr.K.S.Selvaganesan Additional Government Pleader For R-2 : Mr.M.Saravanan

ORDER

The present Writ Petition is filed for Mandamus seeking direction to the respondents to consider petitioner's candidature in the selection process for the post of Watchmen conducted by the second respondent vide his publication, dated 14.09.2022 in Na.Ka.No.905/1432/C1 by considering petitioner's representation, dated 14.08.2024.

2. It was submitted that the petitioner served as Labourer under various employers on daily wages basis. In the meanwhile, the second respondent vide his publication, dated 14.09.2022 invited application for the post of Watchman at Arulmighu Srirenganatha Swamy Temple, Srirengam, Trichy District. The minimun qualification required is to read and write in Tamil language, belong to Hindu religion and no criminal case must be pending. The second respondent vide his communication, dated 11.08.2023, directed the petitioner to appear for interview, which was scehduled to be held on 21.08.2023. But when the petitioner appeared before 2/5

the second respondent and participated in the interview, they assured that the interview result will be published at the earliest as soon as the entire interview process is over. Even though the second respondent told that the selection is purely on merit basis, they failed to disclose the marks. Hence, the petitioner submitted a representation dated 14.08.2024 to the respondents for the post of Watchmen. Since the said representation was not considered, the present Writ Petition is filed.

3. It was submitted by the learned Additional Government Pleader for the official respondent that the petitioner's representation would be considered and orders would be passed in accordance with law within a period of four weeks, which was accepted by the learned Counsel for the petitioner.

4. In view of the same and taking into consideration the facts and circumstances of the case and the limited relief sought for in this Writ Petition, there shall be a direction to the respondents herein to consider the petitioner's representation dated 14.08.2024, on its own merits and pass appropriate orders in accordance with law, after affording reasonable opportunity of hearing to the petitioner and other interested persons/stake holders, within a period of four (4) weeks from the date of receipt of a copy of this order. It is made clear that this 3/5

Court has not expressed any views with regard to the merits of the representation and it is open to the concerned respondent to consider the representation on its own merits and in accordance with law.

5. With the above direction, the Writ Petition stands disposed of. There shall be no order as to costs.

02.09.2024 NCC : Yes / No Index : Yes / No Internet : Yes BTR To 1.The Commissioner, Hindu Religious, Charitable & Endowment Department, Chennai.

2.The Joint Commissioner / Executive Officer, Srirengam Renganathasamy Temple, Srirengam, Trichy.

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MOHAMMED SHAFFIQ , J.

BTR 02.09.2024 5/5