The petitioner challenged a fresh notification inviting applications for Village Assistant posts because his village was excluded. The court held that filling vacancies is an executive function and the petitioner's previous application had lapsed, dismissing the writ petition.
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W.P(MD)No.8789 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 28.10.2022
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P(MD)No.8789 of 2022 and W.M.P(MD)No.6403 of 2022
V.Kumaresan
... Petitioner
Vs
Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records relating to the second respondent's impugned paper publication dated 21.03.2022 inviting application for the post of village assistants and to direct the second respondent to cancel the current selection process and to give a fresh paper publication by including the Kullalagundu revenu village also and by prescribing the actual qualifications under Rule 7(c) of the Tamil Nadu Village Assistant Service Rules and amended by G.O(Ms)No.375 dated 19.10.2015 and to consider the petitioner's previous application dated 22.10.2020 applied for
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W.P(MD)No.8789 of 2022
2020 Selection process in Na.Ka.No.431/2020/m2 dated 07.10.2020 for the very same postings in respect of which W.P(MD)No.2033 of 2022 is presently pending before this Court.
For Petitioner : Mr.V.Santhakumaresan For Respondents : Mr.A.K.Manikkam Special Government Pleader
ORDER
Heard the learned counsel on either side.
applications from eligible candidates for filling up vacancies in the post of Village Assistant in as many as eight villages. The petitioner is an aspirant for the said post for the village of Kullalakundu. The said notification was quashed by this Court in writ proceedings. Thereafter, a fresh notification was issued by Tahsildar, Nilakottai on 21.03.2022 calling for applications for the said post in respect of nine villages. However, Kullalakundu is not one of the villages for which applications had been invited. Aggrieved by the omission of his village, the writ petitioner has been filed this writ petition. He seeks two reliefs. He wants this Court to direct the respondents to issue a fresh notification for filling up the vacancies in the post of Village Assistant in Kullalakundu revenue village. He also wants the application given by him in response to the notification dated 07.10.2020 to be taken into account.
W.P(MD)No.8789 of 2022
28.10.2022
Index : Yes / No Internet : Yes/ No mga To
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W.P(MD)No.8789 of 2022
G.R.SWAMINATHAN, J.
mga
2.The Tahsildar, Nilakottai Taluk, Dindigul District.
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2 issues framed by the court
Whether the writ court can issue a positive direction to fill a specific vacancy or take into account a lapsed application.
Whether the exclusion of a specific village from the selection process in the second notification warrants judicial intervention.
V. Kumaresan
The District Collector, Dindigul District
The Tahsildar, Nilakottai Taluk
G.R. Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
