A writ petition challenging rejection of appointment as a Post Graduate Assistant. The court held that selection does not confer a right to appointment until an order passes. With subsequent recruitments completed, the earlier selection lapsed, and the petition was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.07.2017
C O R A M
THE HON'BLE Mr.JUSTICE S.M.SUBRAMANIAM
W.P.No.13431 of 2017
and WMP.Nos.14480 & 14481 of 2017
Jayapradha. E ... Petitioner
Versus 1. Government of Tamil Nadu, Rep.by Secretary to Government, School Education Department, Secretariat, Chennai – 600 009.
Writ Petition filed under Article 226 of the Constitution of India praying for issuance of writ of certiorarified mandamus, to call for the records in R.C.No.923/L2/2017 dated 05.05.2017 passed by the second respondent and quash the same and consequently direct the second respondent to appoint the petitioner as Post graduate Assistant in Bio Chemistry as notified in the advertisement No.2/2013, dated 09.05.2013.
For Petitioner ... Mr.Nithyaesh Natraj for M/s.Nithyaesh and Vaibhav
For Respondents ... Mr.K.Dhanajeyam Special Government Pleader
ORDER
The writ petition is filed for issuance of writ of certiorarified mandamus, to call for the records in R.C.No.923/L2/2017 dated 05.05.2017 passed by the second respondent and quash the same and consequently direct the second respondent to appoint the petitioner as Post graduate Assistant in Bio Chemistry as notified in the advertisement No.2/2013, dated 09.05.2013.
" Though the petitioner has prayed for a larger relief, this Court, in the light of the facts and circumstances and without going into the merits of the claim projected by the petitioner, directs the second respondent to consider and dispose of the petitioner's representation dated 09.10.2016 on merits and in accordance with law and pass orders within a period of six weeks from the date of receipt of a copy of this order and communicate the decision taken to the petitioner.
The writ petition stands disposed of with the above direction. No costs".
Sd/-
Assistant Registrar(CS VIII)
//True Copy//
Sub Assistant Registrar
dpq
To
3 issues framed by the court
Whether a candidate claiming non-appointment of a selected successor can claim appointment as a matter of right after subsequent recruitments have been completed.
Whether selection in a recruitment process confers an immediate right to the post before an order of appointment is issued.
Whether a closed recruitment process due to new vacancies lapses the earlier selection list of a non-selected merit candidate.
Colour shows how this judgement treated each authority
(none mentioned)Referred
Jayapradha E
Government of Tamil Nadu
Teachers Recruitment Board
S.M.Subramaniam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
