Marimuthu v. The District Collector

1 W.P.(MD)NO.25318 OF 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.11.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.25318 of 2022 Marimuthu ... Petitioner Vs.

1. The District Collector, Pudukottai District, Pudukottai.

2. The Tahsildar, Manamelkudi Taluk, Pudukkottai District.

(R-2 is suo motu impleaded vide Order dated 09.11.2022.) ... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent to accept the petitioner's application and permit him to participate in the selection process for being appointed as Village Assistant pursuant to the notification issued by the respondent vide his proceedings in Se.Ve. No. 681 dated 11.10.2022 by considering his representation dated 31.10.2022.

For Petitioner : Mr.T.Lenin Kumar For Respondents: Mr.A.K.Manikkam, Special Government Pleader.

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O R D E R

Heard the learned counsel appearing for the writ petitioner and the learned Special Government Pleader appearing for the respondents.

2. The District Collector, Pudukottai made an announcement through newspaper on 11.10.2022 that applications are invited from eligible candidates for the post of Village Assistant. The petitioner belongs to Scheduled Caste category and he is also physically handicapped. The petitioner has passed only 7th standard. However, for the post in question the qualification prescribed is only 5th standard from a recognised school. The upper age limit set out in the notification for the Scheduled Caste candidates is 37. The petitioner states that he is a physically handicapped person and that therefore, the age limit should be extended by 10 more years.

3. There is no dispute that the petitioner is falling under the physically challenged category. However in the 2/4

3 W.P.(MD)NO.25318 OF 2022 online portal, there is no facility for uploading PH certificate. That led to the filing of this writ petition.

4. The last date for the receipt of application is already over. However the petitioner cannot be blamed. The selection process is yet to commence. I therefore permit the petitioner to approach the Tahsildar, Manamelkudi Taluk, Pudukkottai District, in person and submit his application and the same shall be accepted. It is declared that the petitioner being the physically challenged candidate is eligible to take part in the recruitment process because he is now aged 41 years. His case will be considered on merits and in accordance with law.

5. This writ petition stands allowed. No costs. 09.11.2022 Index : Yes / No Internet : Yes/ No PMU Note : Issue order copy on 11.11.2022.

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4 W.P.(MD)NO.25318 OF 2022 G.R.SWAMINATHAN,J.

PMU To:

1. The District Collector, Pudukottai District, Pudukottai.

2. The Tahsildar, Manamelkudi Taluk, Pudukkottai District.

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