Madras High CourtWP(MD)/23428/2019disposed of

R.Rajalakshmi v. The District Collector

2022-04-25Honourable Mr Justice S.M. Subramaniam2 pages

W.P.(MD). No.23428 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.04.2022

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM W.P.(MD). No.23428 of 2019 R.Rajalakshmi ... Petitioner Vs 1.The District Collector, Kanyakumari District.

2.The Joint Registrar of Co-operative Societies, Kanyakumari Region, Nagercoil.

3.The Deputy registrar of Co-operative Societies, Kanyakumari Region, Nagercoil, Kanyakumari District. ... Respondents PRAYER :- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to publish the marks obtained by the petitioner in the interview conducted on 18.01.2018 by the 3rd respondent and to publish the selection list to the post of salesman and packers for the fair price shop of the Cooperative Societies by considering the representation of the petitioner dated 08.08.2019. For Petitioner : Mr.K.Chengiz Khan For Respondents : Mr.M.Ramesh, Government Advocate.

O R D E R

The relief sought for in the present Writ Petition is to direct the respondents to publish the marks obtained by the petitioner in the interview conducted on 18.01.2018 by the third respondent and to publish the selection list to the post of salesman and packers for the fair price shop of the Cooperative Societies by considering the representation of the petitioner dated 08.08.2019. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD). No.23428 of 2019 2.The petitioner participated in the process of selection for appointment to the post of salesman in a Co-operative Society. No Writ Petition against Co-operative Society is maintainable, in view of the fact that Co-operative Society is not funded by the Government and it is not State within the meaning of Article 12 of the Constitution of India. This apart, the learned Government Advocate brought to the notice of this Court that the process of selection has already been concluded and the petitioner was an unsuccessful candidate and therefore, the relief of Mandamus deserves to be rejected.

3.Even as per the proceedings dated 08.03.2019, it is stated that the interview and selection were conducted based on the marks obtained by the candidates and by following the rule of reservation. This being the factum, the petitioner is not entitled for the relief. However, she is at liberty to participate in the forthcoming process of selection, if any notified and she is otherwise eligible.

4.This writ petition is disposed of accordingly. However, there shall be no order as to costs.

Sd/- Assistant Registrar (Protocol) // True Copy // / /2022 Sub Assistant Registrar(CS) ias To:

1.The District Collector, Kanyakumari District.

2.The Joint Registrar of Co-operative Societies, Kanyakumari Region, Nagercoil.

3.The Deputy registrar of Co-operative Societies, Kanyakumari Region, Nagercoil, Kanyakumari District.

+1 CC to M/s.SPL.GP. ( SR-21202[F] dated 26/04/2022 ) W.P.(MD) No.23428 of 2019 25.04.2022 https://hcservices.ecourts.gov.in/hcservices/ RK(23/05/2022) 2P 5C 2/2