Writ petition filed under Article 226 seeking writ of Mandamus for appointment to post of Village Assistant was dismissed as not maintainable because the successful candidate was not made a party and the appointment order was not challenged.
Liberty given to petitioner to challenge the appointment order of the successful candidate if they choose to do so.
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.
W.P.No.19130 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.11.2023
CORAM:
THE HONOURABLE MR. JUSTICE M.S. RAMESH
W.P.No.19130 of 2023
P.Sangeetha
...Petitioner
Vs.
..Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents 1 to 3 to dispose of the petitioners representation dated 29.05.023 and to appoint the petitioner in the post of Village Assistant on the basis of Destitute Widow.
For Petitioner : Mr.M.Prabavathy For Respondents : Mr.Bindran Additional Government Pleader for R1 to 3
W.P.No.19130 of 2023
ORDER
The prayer in the writ petition is for issuance of writ of Mandamus directing the respondents to appoint the petitioner to the post of Village Assistant. Admittedly, in the affidavit filed in support of this writ petition, the petitioner has stated that some other person has been appointed to the said post. The successful candidate has neither been made as a party nor his appointment order has been challenged in the writ petition. While that being so, the present prayer for issuance of writ of Mandamus may not be maintainable and accordingly, this writ petition stands dismissed with a liberty to the petitioner to challenge the appointment order of the successful candidate, if they choose to do so. No costs.
22.11.2023
Index:Yes/No Speaking order/Non-speaking order rka
W.P.No.19130 of 2023
To
W.P.No.19130 of 2023
M.S.RAMESH,J.
rka
W.P.No.19130 of 2023
22.11.2023
2 issues framed by the court
Whether a writ petition seeking appointment to a post is maintainable when the successful candidate has not been made a party.
Whether the prayer for issuance of writ of Mandamus directing appointment of the petitioner to the post of Village Assistant stands maintainable.
1 provisions across 1 enactments
P.Sangeetha
The Secretary, Revenue Department
The District Collector
The Tahsildar
M.S. Ramesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
