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2012 DIGILAW 1360 (MAD)

P. Sheela v. Secretary to Government of Tamil Nadu

2012-03-15

VINOD K.SHARMA

body2012
Judgment 1. The petitioner has invoked the writ jurisdiction of this Court, with a prayer for issuance of writ in the nature of mandamus, to direct the second respondent to appoint the petitioner as regular computer instructor in any Government school in time scale of pay, as a full time permanent Instructor in any Government school or as a full time permanent vocational instructor, in the light of the Government orders. 2. The petitioner was appointed as Computer Instructor under the scheme of Central Government called 'Sharmik Vidyapeeth'. Subsequently, the scheme came to an end. The petitioner approached the Tamil Nadu Administrative Tribunal seeking appointment in the regular stream as computer instructor or vocational instructor. It is pleaded that though the petitioner worked under the scheme as computer instructor, she is not qualified to be appointed as computer instructor, therefore she be appointed as vocational instructor. 3. This Court cannot issue a direction under Article 226 of the Constitution of India to appoint any person to a particular post in the absence of any rules or instructions. 4. The petitioner has a right of consideration for appointment, as and when the posts are advertised and are to be filled up in accordance with law. 5. Even otherwise, as on date, the petitioner is over age for appointment in Government service. Therefore, no direction as prayed for can be issued. The writ petition is accordingly dismissed. No costs.