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2012 DIGILAW 2133 (MAD)

V. Pushparani v. District Employment Officer, Thiruvallur District

2012-04-27

VINOD K.SHARMA

body2012
Judgment :- This Writ Petition is a classic example of misuse of the process of this Court. 2. The prayer in the Writ Petition is for issuance of a Writ, in the nature of Mandamus, directing the respondent to consider the petitioner's representation, dated 8.11.2011. 3. Writ of Mandamus can only be issued to enforce a legal right and the enforce of a legal duty, which the respondent may have failed to perform, in spite of writ of demand. 4. A person seeking Writ of Mandamus has to have legal right, which he wants to enforce, and also failure of respondent to perform their statutory obligations in spite of writ of demand. The petitioner cannot seek mere disposal of the representation filed with the respondent, it is however, open to the Court to issue directions in case, the Court does not wish to deal with merit of claim at that stage. 5. It is pleaded in the affidavit filed in support of this Writ Petition, that the petitioner has passed +2 and also possesses a qualification of Diploma in Medical Laboratory Technology. The petitioner is registered with the respondent, for being sponsored for appointment. 6. That the seniority of the petitioner in employment exchange is fixed from 2001 itself, whereas, the State Government has not made any appointment till 2007. 7. The case of the petitioner is that, on the vacancies being advertised, the name of the petitioner was sponsored, but, his name was in fact, not included in the select list. 8. The petitioner submits that due to slackness of the respondent in forwarding his name, the petitioner lost his opportunity of employment on second occasion also. 9. On the pleadings referred above, the petitioner prayed for disposal of his representation, dated 8.11.2011. 10. In view of the law laid down by the Hon'ble Supreme Court, every eligible person is entitled to compete for public employment, as and when it is advertised. The employment exchange is only one of the source for employment. Mere registration with employment exchange does not give right to employment. The petitioner can claim sponsorship of his name against posts, as and when advertised, if eligible. No general direction can be issued. 11. The Writ Petition, as framed in, is also not competent. The employment exchange is only one of the source for employment. Mere registration with employment exchange does not give right to employment. The petitioner can claim sponsorship of his name against posts, as and when advertised, if eligible. No general direction can be issued. 11. The Writ Petition, as framed in, is also not competent. If the petitioner is aggrieved by any selection, where the petitioner's right of consideration was denied, the petitioner should have challenged the selection by moving this Court by filing an appropriate Writ Petition. Petitioner certainly, cannot seek a direction to the respondent to sponsor his name, with pointing out against which selection, the petitioner is seeking right of consideration and further, showing his eligibility to advertised post. 12. The Writ Petition, being devoid of merits, is ordered to be dismissed. 13. No costs.