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Madras High CourtWP(MD)/9903/2017dismissed

S.Pitchammal, D/O. A.Subbiah v. The Chief Educational Officer

2021-03-12Honourable Mr Justice M.Dhandapani3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:12.03.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P.(MD).No.7586 of 2017 S.Pitchammal ... Petitioner Vs.

1.The Chief Educational Officer, Tirunelveli District, Tirunelveli.

2.The Revenue Divisional Officer, Cheranmahadevi, Tirunelveli District.

3.The Tahsildar, Ambasamudrum, Tirunelveli District.

... Respondents Prayer:Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the 1st respondent to consider the candidature of the petitioner for the appointment to the post of Lab Assistant in any of the available vacancies under MBC/Female or General Turn category in Tirunelveli District in consideration of her application under Register No.02210199, dated 30.04.2015 and the subsequent certificate verification held on 09.04.2017 in C.V.No.419.

For Petitioner : Mr.G.Prabhu Rajadurai For Respondents : Mr.C.M.Marichelliah Prabhu Additional Government Pleader

O R D E R

This writ petition has been filed for a direction to the first respondent to consider the candidature of the petitioner for the appointment to the post of Lab Assistant in any of the available vacancies under MBC/Female or General Turn category in Tirunelveli District in consideration of her application under Register No.02210199, dated 30.04.2015 and the subsequent certificate verification held on 09.04.2017 in C.V.No.419.

2. The case of the petitioner is that the petitioner has applied for the post of Lab Assistant under the category of MBC/DNC Women and Destitute Widow. Subsequently, she passed the written test 1/3

conducted on 31.05.2015. Thereafter, she was called for certificate verification on 09.04.2017. Accordingly, the petitioner attended the certificate verification process and submitted her credentials. However, she was not selected. Hence, the petitioner has filed the present writ petition with the aforesaid prayer.

3. The learned counsel appearing for the petitioner would submit that the petitioner is coming under the category of MBC/DNC Women and Destitute Widow. However, she was not considered.

4. Per contra, the learned Additional Government Pleader appearing for the respondents would submit that the petitioner participated in the selection process under the category of M.B.C./Female and no priority was given in the said post. Further, for M.B.C./DC General Turn Category, the cut off mark is 130, whereas, she secured only 64 marks. Hence, her candidature was not considered and the eligible candidates were selected and the selection process was over in the year 2017 itself.

5. Considering the facts and circumstances of the case, the petitioner claimed that she is a Destitute Widow and she is entitled to get priority. A perusal of the Notification reveals that the petitioner has participated in the selection process under the category of M.B.C. / Female and the cut off mark for the said category is 130. However, the petitioner has secured only 64 marks. Hence, the prayer sought for by the petitioner in this writ petition cannot be granted. Accordingly, this Writ Petition is dismissed. No costs. Consequently, the connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (CSII) // True Copy // / /2021 Sub Assistant Registrar(CS) To 1.The Chief Educational Officer, Tirunelveli District, Tirunelveli.

2.The Revenue Divisional Officer, Cheranmahadevi, Tirunelveli District.

3.The Tahsildar, Ambasamudrum, Tirunelveli District.

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+1 CC to M/s.SPL GP ( SR-11162[F] dated 15/03/2021 ) +1 CC to M/s.G.PRABHU RAJADURAI, Advocate ( SR-10989[F] dated 15/03/2021 ) 12.03.2021 KB(24.06.2021) 3P 6C 3/3