Dismissed¶34

S.Thangamani,D/o.J.Selvarasu v. The District Collector

Madras HC7 Feb 2025WP/19390/2018

Case brief

AI extract

What is this about?

Noon Meal Organiser recruitment; cancellation of selection process and fresh notification Na.Ka.PD 1/298/2016 dated 09.07.2018; no vested or legal right to appointment arising from attending interview/certificate verification; authority free to cancel selection at any stage; Article 226 certiorarified mandamus refused; District Collector Cuddalore and Block Development Officer, Anna Gramam Panchayat Union, Panrutti Taluk; G.O.Ms.163 Social Welfare and Nutritious Meal Programme Department; communal rotation and distance factor; writ petition dismissed, no costs.

What did the court decide?

Mere attendance at the interview or certificate verification pursuant to call letters issued by the 1st respondent does not give the petitioner any stake in the appointment or entitle her to compel appointment. ¶33

S.Thangamani,D/o.J.Selvarasu Vs The District Collector — Writ and Judicial Review | Madras HC (2025)

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WP.No.19390 of 2018

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 07.02.2025

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CORAM

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THE HONOURABLE MS. JUSTICE R.N.MANJULA

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W.P No.19390 of 2018 and WMP.No.22798 of 2018

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S.Thangamani, D/o.J.Selvarasu No.123, south Street , Akkadavalli & Post, Panrutti Taluk-607 106, Cuddalore Dt 607001. ... Petitioner

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Vs.

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1 The District Collector, O/o the District Cuddalore, Cuddalore District 607 001.

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2 The Block Development Officer, Anna Gramam Panchayat Union, Panrutti Taluk, Cuddalore District. ... Respondents

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Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records of the Impugned order passed by the 1st respondent in his proceedings No.Na.Ka.PD 1/298/2016 dated 09.07.2018 quash the same in so for it relates to S.No.14 inviting application for the post of Noon-Meal Organiser at Government Higher Secondary school

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https://www.mhc.tn.gov.in/judis

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Thiruthuraiyur and consequently direct the respondents to appoint the petitioner as Noon Meal Organizer at Govt.Higher Secondary School Thiruthuraiyoor Panruti Block Cuddalore District in pursuance to the interview conducted on 31.05.2018 by the 2nd respondent.

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For Petitioner : Mr.S.Ganesh

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For Respondents : Mr.T.Chezhiyan, AGP for RR1 & 2

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ORDER

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This writ petition has been filed to call for the records of the impugned order passed by the 1st respondent in his proceedings No. Na.Ka.PD 1/298/2016, dated 09.07.2018, insofar as it relates to Sl. No. 14, inviting applications for the

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post of Noon Meal Organizer at Government Higher Secondary School, Thiruthuraiyoor and quash the same and consequently, to direct the appointment of the petitioner as Noon Meal Organizer at Government Higher Secondary School, Thiruthuraiyoor, pursuant to the interview conducted by the 2nd respondent on 31.05.2018.

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2 .Heard, Mr.S.Ganesh, learned counsel for the petitioner, Mr.T.Chezhiyan,

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learned Additional Government Pleader for respondents 1 and 2 and perused the materials available on record.

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3 . In response to the advertisement dated 31.01.2017 calling for

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applications to the post of Noon Meal Organisers, the petitioner applied to the said post. She was called for an interview on 23.02.2017. In the meanwhile, the 2nd respondent called for an another interview on 03.04.2018 by his letter dated 28.02.2018. The petitioner went to the interview, she came to understand that the interview was cancelled and the cancellation letter had been sent to her. However, the petitioner did not receive the same. Once again the petitioner attended the interview on 31.05.2018, she was not given with any appointment orders. Once again the 1st respondent issued a fresh advertisement through his proceedings No.Na.Ka.PD 1/298/2016, dated 09.07.2018 inviting fresh applications.

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4 . The learned Additional Government Pleader for the respondents submitted that nearly 10827 applications have been received in pursuant to the 1st notification, and 10055 candidates attended the interview. Out of 10055 persons who had applied, 5431 applicants were found to be ineligible. It was due to a lack of understanding on the part of the application about the communal rotation, priority, and non-priority status given to the 400 Noon Meal Organiser post vacancies about to be filled, and they have also failed to understand the requirements of the distance factor as per the G.O.Ms.163 Social Welfare and Nutritious Meal Programme Department, dated 18.08.20210.

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https://www.mhc.tn.gov.in/judis

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5. As the selection process had become cumbersome in view of the

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ineligible applications, the 1st respondent thought it fit to issue a fresh notification by giving more clarity. Just because the petitioner had attended the interview or certificate verification as per the call letters issued by the 1st respondent, the petitioner cannot claim any stake in the appointment and compel that she is entitled to get the appointment. The 1st respondent is at liberty to cancel the process of selection at any stage, for the reasons best known to him. The petitioner does not have any legal entitlement to compel the 1st respondent to continue the earlier selection process, which has been cancelled and issued fresh notification. As the petitioner has not made out any legal right, much less a fundamental right, I do not find any ground to grant the relief sought for.

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In the result, the Writ Petition stands dismissed . No costs. Consequently, the connected Miscellaneous Petition are also closed.

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07.02.2025

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Index : Yes Internet : Yes/No Speaking/Non- Speaking Neutral: Yes/No jrs

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WP.No.19390 of 2018