Petitioner challenged recruitment process for Assistant post citing arbitrariness and discrimination without merit, relying on RTI info. Court found no illegality and dismissed the writ petition.
Writ petition dismissed and connected miscellaneous petitions closed.
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.22880 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.08.2023
CORAM
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
W.P.No.22880 of 2022 and W.M.P.Nos.21906 & 21907 of 2022
P.Gunasekaran ... Petitioner
Versus
1.The Commissioner, Commissionerate of Animal Husbandry and Veterinary Services, Veterinary Hospital Compound, Nandanam, Chennai- 600 035.
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ, order or direction in the nature of a Writ of Certiorarified Mandamus to call for the records relating to the entire recruitment process dated 27-04-2022 conducted by the 2nd respondent for the post of Assistant in Department of Animal Husbandary and Veterinary Service and to quash the same, consequently direct the 2nd respondent to conduct fresh recruitment for the said same post by following due procedures for recruitment within a stipulated time.
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W.P.No.22880 of 2022
For Petitioner : Mr.C.Prabakaran For Respondents : Mr.P.Baladhandayutham, Special Government Pleader
ORDER
This Writ Petition has been filed to call for the records relating to
the entire recruitment process, dated 27.04.2022 conducted by the 2 nd respondent for the post of Assistant in Department of Animal Husbandry and Veterinary Service and to quash the same, consequently, direct the 2 nd respondent to conduct fresh recruitment for the said same post by following due procedures for recruitment within a stipulated time.
2.The grievance of the Writ Petitioner is that he has applied for the post of Assistant in the Department of Animal Husbandry and Veterinary Service. The 3 rd respondent has sponsored the seniority list including the petitioner's name and the 2 nd respondent has selected the eligible candidates based on the employment exchange. Thereafter, the petitioner was issued with the hall ticket, dated 07.04.2022 calling for certificate verification to produce all original educational certificates, accordingly, the petitioner produced all the certificates available on 23.04.2022. All of a sudden, the 1 st respondent in his communication in Na.Ka.No.53288/N1/2017, dated
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W.P.No.22880 of 2022
27.04.2022 has stalled the personal interview and other related process for the recruitment of post of Assistant in the 2 nd respondent Department. On
the contrary, the District Collector, Dharmapuri has presented appointment orders to 27 candidates who were selected for the post of Assistant in the 2 nd respondent Department. As per the reply under the Right to Information Act, 2005, it is informed that 27 candidates are appointed only on the basis of the marks secured in the personal interview and skill test. Hence, it is the contention of the petitioner that the entire selection process is arbitrary and discriminatory, therefore, he challenges the same.
3.The 3 rd respondent has filed counter and stated that merit takes precedence over seniority in recruitment process and the seniority list sent by the employment office is in addition to the application received from open competition and there is no compulsion to select only on seniority basis, but is bound by their own selection process which varies from recruiter to recruiter.
4.It is the contention of the learned counsel for the petitioner that though the petitioner has produced all the relevant certificates, he has not
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W.P.No.22880 of 2022
been selected for the post of Assistant in the 2 nd respondent Department.
5.The Learned Special Government Pleader appearing for the
respondents submitted that the qualified persons are selected only on the basis of the marks secured in the personal interview and skill test, therefore, on vague allegations, this Writ Petition has been filed.
6.Heard the submissions of the learned counsel for the petitioner
and the learned Special Government Pleader appearing for the respondents and perused the entire materials.
7.Merely because the petitioner has not been selected, the entire selection list cannot be questioned by him since he was not qualified on merits. Even in the entire affidavit, there is no material whatsoever available with regard to illegality committed in the selection process for the post of Assistant in 2 nd respondent Department. Further, the reply under the Right to Information Act, 2005 will not be a cause of action for the petitioner to challenge the entire selection unless there is strong material for illegality committed in the selection process.
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8.In such view of the matter, I do not find any merit in this Writ
Petition and the same is deserved to be dismissed and, is dismissed.
Consequently, the connected Miscellaneous Petitions are closed. No costs.
04.08.2023
Index : Yes/No Internet: Yes/No Neutral Citation: Yes/No Speaking Order/Non-Speaking Order
vv2
To
1.The Commissioner, Commissionerate of Animal Husbandry and Veterinary Services, Veterinary Hospital Compound, Nandanam, Chennai- 600 035.
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W.P.No.22880 of 2022
N.SATHISH KUMAR, J. vv2
W.P.No.22880 of 2022
04.08.2023
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2 issues framed by the court
Whether the petitioner can question the entire selection list after not being selected and without material showing illegality in the selection process.
Whether the Right to Information Act reply is a cause of action to challenge the recruitment selection process in the absence of strong material of illegality.
2 provisions across 2 enactments
P.Gunasekaran
The Commissioner, Commissionerate of Animal Husbandry and Veterinary Services
The Regional Joint Director, Department of Animal Husbandry, Dharmapuri
The Assistant Director, District Employment Office, Dharmapuri District
N.SATHISH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
