Madras High CourtWP(MD)/29767/2024disposed of

R.Kannan v. The State Of Tamil Nadu

2024-12-10Honourable Mr Justice B.Pugalendhi6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.12.2024

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P(MD)No.29767 of 2024 and WMP(MD) No.25094 of 2024

1. R.Kannan

2. J.Karuppuchamy

3. M.Durairaj

4. V.Prabhu

5. V.Murugesan

6. S.Thenmozhi ... Petitioners Vs 1.The State of Tamil Nadu, Represetned by its Principal Secretary to Government, BC,MBC and Minorities Welfare Department, Secretariat, Chennai.

2.The Commissioner, Most Backward Classes and Denotified Communities Welfare, Ezhilagam, Chennai - 600 005.

3.The Director, Backward Classes Welfare Directorate Ezhilagam, Chennai.

4.The District Collector, Dindigul District, Dindigul.

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5.The District Backward Classes and Minorities Welfare Officer, Office of the District Backward Classes and and Minorities Welfare, Dindigul District.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents herein to permit the petitioners herein to participate in the skill test and depending upon the result consider the candidature of the petitioners for appointment to the post of cook strictly in accordance with the order dated 07.11.2023 passed by this Honourable Division Bench is W.A.(MD).No.217/2023 based on the representation of the petitioners, dated 26.11.2024 within a time frame as stipulated by this Court.

For Petitioner : Mr.S.Sarvagan Prabhu For Respondents : Mr.D.Sasikumar Additional Government Pleader

O R D E R

The petitioners were selected as Cooks by the District Backward Classes and Minorities Welfare Department,vide his proceedings, dated 24.02.2021. However, the petitioners were not permitted to join duty in the respective places. Thereafter, the petitioners were informed that the selection orders have been cancelled 2/6

for administrative reasons by the third respondent in his proceedings in Se.Mu.No.B4/6988/2018, dated 27.11.2021. Therefore, the petitioners have filed a batch of writ petitions in WP(MD) Nos.21246, 21500 of 2022 etc., batch and the same was disposed of this Court, by its order, dated 01.07.2022, with a direction to the Selection Committee to assess the competence and capacity of the selected cooks and take a decision afresh. Challenging the order passed by this Court, the respondents have preferred a batch of writ appeals in WA(MD) No.217 to 225 of 2023 etc., wherein, the Honourable Division Bench, by its order, dated 07.11.2023 has set aside the order of the writ Court as well as the orders impugned in the writ petition and directed the Department to assess the eligibility, suitability and qualification of the selected candidates. The grievance of the petitioner is that though some of the selected candidates have been sent for skill test, the petitioners alone have been denied. Therefore, the petitioners have approached this Court, by way of this writ petition.

2.Mr.D.Sasikumar, learned Additional Government Pleader, who takes notice for the respondents submits that sending the selected 3/6

candidates for skill test is under process and the petitioners will be sent to the skill test soon. Further, the learned Additional Government Pleader has not denied that some candidates, who have been selected along with this petitioner were sent to the skill test. 3.Since it is reported that some of the selected candidates have been sent for skill test, as per the directions of the Honourable Division Bench of this Court in WA (MD) No.217 of 2023, dated 07.11.2023, the respondents are directed to send these petitioners also for skill test within a period of six weeks from the date of receipt of a copy of this order and take a decision as per the directions issued by the Honourable Division Bench in the above writ appeal. No costs. 10.12.2024 NCC:Yes/No Index:Yes vrn 4/6

To 1.The Principal Secretary to Government, BC,MBC and Minorities Welfare Department, Secretariat, Chennai.

2.The Commissioner, Most Backward Classes and Denotified Communities Welfare, Ezhilagam, Chennai - 600 005.

3.The Director, Backward Classes Welfare Directorate Ezhilagam, Chennai.

4.The District Collector, Dindigul District, Dindigul.

5.The District Backward Classes and Minorities Welfare Officer, Office of the District Backward Classes and and Minorities Welfare, Dindigul District.

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B.PUGALENDHI, J.

vrn Order made in 10.12.2024 6/6