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2012 DIGILAW 865 (MAD)

A. Kalai Selvi v. Director Elementary Education

2012-02-20

VINOD K.SHARMA

body2012
Judgment :- 1. The petitioner prays for issuance of a writ in the nature of Mandamus, directing the respondents to appoint the petitioner as the Primary School Teacher, based on her seniority in the employment exchange registration. 2. It is the submission of the petitioner that the petitioner, being fully eligible for appointment as Elementary School Teacher, got registered herself with the employment exchange. The employment exchange, though sponsored name of persons lower in seniority than the petitioner, but failed to sponsor her name for appointment, which forced the petitioner to file original application before the learned Administrative Tribunal, Madras. 3. The learned Tribunal disposed of the application, moved by the petitioner, by directing the respondents to consider and dispose of the representation, filed by the petitioner. In spite of direction by the learned Administrative Tribunal, respondents have failed to take any action on the representation, which forced the petitioner to file this writ petition. 4. Even if facts as stated above are taken on its face value, no case is made out for issuing any direction prayed for, as the petitioner cannot seek appointment, as the candidate has right to be considered, that too, as and when applications are invited. It was always open to the petitioner to have challenged the selection of persons lower in seniority, by ignoring her case, to asset her claim. In absence of any advertisement and showing that petitioner fulfils the requisite qualifications, no writ can be issued to appoint a person. The eligible persons can be directed to be considered. 5. Otherwise also, it is finally settled that appointment cannot be made on the basis of seniority of employment exchange, as all eligible persons are required to be considered, as and when posts are sought to be filled up, including candidates who are sponsored by the employment exchange. 6. No merits. Dismissed. No costs.