The petitioner, claiming to be the sole eligible widow candidate for an Assistant Cook post, sought a writ of mandamus for appointment. The Court held that a call letter and even a missing appointment do not confer a legal right to claim appointment by a writ.
The writ petition was dismissed. No direction was issued to appoint the petitioner to the post.
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 : 11.09.2017
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.No.30703 of 2015
and
W.M.P.No.1 of 2015
R.Jeeva ... Petitioner
Vs.
The Block Development Officer, (Village Panchayat), Olakkur Panchayat Union, Olakkur, Tindivanam Taluk, Villupuram District. ... Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondent to appoint the petitioner for the post of Assistant Cook in Ammanampakkam Noon Meal Center, since being the petitioner is alone eligible candidate for that post.
For Petitioner : Mr.C.Prakasam For Respondent : Mr.K.Dhananjayan Special Government Pleader
O R D E R
Heard Mr.C.Prakasam, learned counsel for the petitioner and Mr.K.Dhananjayan, learned Special Government Pleader for the respondent.
2.The relief sought for in this writ petition is for a direction to the respondent to appoint the petitioner as Assistant Cook in Ammanampakkam Noon Meal Center, Villupuram District.
3.The learned counsel appearing for the writ petitioner made a submission that the writ petitioner is a widow and the post of Assistant Cook in Ammanampakkam Noon Meal Center, Villupuram District is reserved for widow and therefore, the writ petitioner being the only widow available in the village, she must be appointed in the said post. In this regard, the
petitioner has received a call letter for interview in proceedings dated 10.08.2015. Thus, the writ petitioner has to be appointed in the said post of Assistant Cook.
4.This Court is of the firm view that appointment can never be claimed as a matter of right by the candidates. A mere receipt of call letter for appearing in the interview will not confer a right to the candidate to claim an order of appointment. In other words, a mere participation in the interview will not confer a right to the candidate to seek an order of appointment. In the case on hand, admittedly, no candidate was appointed in the post of Assistant Cook in the above mentioned place. Contrarily, based on the interview call letter, the writ petitioner has filed this writ petition with a prayer seeking an order of appointment.
5.In the absence of any legal right established in the writ petition a direction sought for in this writ petition cannot be granted. The learned counsel appearing for the writ petitioner further states that the post has not been filled up so far and no other person has been appointed, a mere vacancy also will not confer the right of the candidate to seek an appointment. Only in the event of issuance of an order of appointment, a right will arise and therefore, the writ petition is misconceived at this stage and the writ petitioner cannot have any right to seek a direction from this Court for appointment. In this view of the matter, no further adjudication is required on the grounds raised in this writ petition.
6.Accordingly, the writ petition stands dismissed. However, there is no order as to costs. Consequently, the connected Miscellaneous Petition is closed.
Asst.Registrar (CS IV )
/true copy/ Sub Asst. Registrar
ah/dna
To The Block Development Officer, (Village Panchayat), Olakkur Panchayat Union, Olakkur, Tindivanam Taluk, Villupuram District.
+1cc to Mr.C.Prakasam, Advocate Sr. 66088
W.P.No.30703 of 2015
and
W.M.P.No.1 of 2015
AR(IV)
VR(13/10/2017)
2 issues framed by the court
Whether a candidate can claim appointment to a post as a matter of right merely on receiving a call letter for an interview.
Whether a mere receipt of a call letter for an interview confers a right to seek an order of appointment from the Court.
1 provisions across 1 enactments
R.Jeeva
The Block Development Officer, (Village Panchayat), Olakkur Panchayat Union, Olakkur, Tindivanam Taluk, Villupuram District.
S.M. Subramaniam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
