The Court dismissed a writ petition filed by a Diploma holder seeking direction to the 2nd respondent to consider his representation for appointment. The Court held that appointment is not a matter of right and mere registration in the employment exchange cannot confer such a right.
Writ petition stands dismissed. No order as to costs.
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 :09.10.2017
CORAM
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.No.4077 of 2014
T.Tamilselvan ..Petitioner
vs
1.State of Tamil Nadu,
Rep.by its Secretary to Government,
2.Directorate of Public Health and Preventive Medicine,
.. Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing 2nd respondent to consider the representation dated 27.01.2014 of the petitioner for appointment to the post of Diploma Ophtalmic Assistant.
For Petitioner : M/s.S.Esai Rani
For Respondents: Mr.R.Vijaya Kumar
Additional Government Pleader
O R D E R
The relief sought for in this writ petition is for a direction to direct the 2nd respondent to consider the representation submitted by the writ petitioner on 27.01.2014.
2.On a perusal of the copy of the representation enclosed in Page.14 of the typed set of papers, this Court is able to see that the petitioner has completed the course of Diploma in Optometry and registered his name in the employment exchange. Even after the completion of 10 years, the writ petitioner has not received any call letter for appointment. Under these circumstances, a representation was submitted on 27.01.2014, to consider the case of the writ petitioner for appointment.
3.Appointment can never be claimed as a matter of right. A mere completion of the Diploma Course cannot confer a right on the writ petitioner to claim appointment. Only in the event of issuing notification for recruitment and after participating in the process of selection, the writ petitioner can aspire for appointment and a mere submission of representation to the competent authorities will not confer any right on the writ petitioner to claim appointment. Registering the name in the employment exchange is only a facility provided by the State and in the event of taking a decision for recruiting a person through employment exchange, then, a call letter will be communicated in accordance with the employment seniority. Thus, a mere registration of the name in the employment exchange will not confer any right on the candidate to claim appointment as a matter of right. A facility provided by the State Government under particular scheme has to be implemented in accordance with the Rules in force and by following the employment seniority.
4.In this view of the matter, this Court is of the view that the writ petitioner has not established any semblance of right, so as to consider the relief as such sought for in this writ petition. Even, a direction to consider the representation in the nature of recommendation, cannot be passed and it is mandatory that the writ petitioner has to establish a right for seeking such direction. In other words, establishing a right is a pre-condition for entertaining the writ petition under Article 226 of the Constitution of India.
5.This being the factum of the case, no further adjudication on the grounds raised in this writ petition is required. Accordingly, the writ petition stands dismissed. However, there shall be no order as to costs.
Assistant Registrar(CS VI)
True Copy
Sub-Assistant Registrar
kak
To
1.The Secretary to Government,
State of Tamil Nadu,
Health and Family Welfare Department, Secretariat, Chennai – 600 009.
W.P.No.4077 of 2014
RK(CO)
sp(31/10/2017)
2 issues framed by the court
Whether a mere completion of a Diploma Course and registration in the employment exchange confers a right to claim appointment on a specific post.
Whether a direction to the authorities to consider a representation for appointment can be issued under Article 226 without a pre-existing right.
1 provisions across 1 enactments
T.Tamilselvan
State of Tamil Nadu, Rep.by its Secretary to Government, Health and Family Welfare Department
Directorate of Public Health and Preventive Medicine
S.M.Subramaniam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
