N. Rajasekaran v. District Collector, Kancheepuram District
2013-03-01
VINOD K.SHARMA
body2013
DigiLaw.ai
JUDGMENT 1. The petitioners have approached this Court with prayer for issuance of a writ in the nature of Prohibition, restraining the respondents 1 to 4 from making any appointment to the post of Secondary Grade Teachers against the vacancies at Kancheepuram District for which certificate verification was held from 26.02.2008 and direct the respondents to publish the seniority list and notify the vacancies with details of breakups. Thereafter by conducting an enquiry into the genuinity of migration certificates with transparency, that the appointment be made. 2. It is submitted, by the petitioners that they are natives of Kancheepuram District and belong to backward class community. The petitioners qualified Secondary Grade Teacher Training Course, but they belong to the batch, which got admitted in unapproved / unrecognized Teacher Training Institutes in the year 1992 and were thrown out of the institutes without graduation certificates due to the cancellation of permission in the year 1994. The petitioners were therefore treated as Special batch and given fresh training in Government Institutes from the year 2002 to 2004. 3. The 1st petitioner is 42 years old and the 2nd petitioner is 33 years old. They got their names registered with the employment exchange on 05.04.2004 and were called for interview in the year 2004, 2005 and 2006. But could not get employment. The case of petitioners is that they did not receive call letters for the interview conducted in April 2007, though they were seniors as per the records of the 4th respondent. 4. The petitioners filed W.P.No.12801 of 2007 in which interim order was passed to keep one post vacant. It is submitted, that though there were vacancies, the petitioners have not been appointed. That the 4th respondent published a news item on 22.02.2008 in Tamil Daily Dinakaran, that the vacancies for the year 2008 will be filled up as per the seniority, but did not give the details of reservation. It was with great difficult, that the petitioners have collected the seniority list of candidates waiting at Kancheepuram District, which shows, that name of 1st petitioner is at Sl.No.65 and that of 2nd petitioner at Sr.No.101, whereas the number of vacancies to be filled up in February, 2007 was 200+11 (priority), whereas the call letters were sent for 161 candidates. 5.
5. It is the case of petitioners, that they were denied and deprived of their right of employment by illegal methods adopted by the respondents, therefore, petitioners pray for furnishing of seniority list of Kancheepuram District. 6. The prayer made in this writ petition cannot be accepted, as petitioners cannot seek employment in the Government office, merely on the basis of employment seniority. It is now well settled law, that appointment to the public post can only be done through due publicity by calling names of all eligible persons and selection thereafter can only be made on the basis of merit of candidates and not based on the employment seniority. 7. The petitioners, though have challenged the process of selection, but have not impleaded the selected candidates as party to this writ petition. In absence of selected candidates, being party to writ, the selection process cannot be questioned. 8. As regards the contention of petitioners, that they should be considered for appointment based on employment seniority alone, cannot be accepted, as the petitioners have to compete for appointment on merit with all other eligible candidates, as and when posts are advertised, if eligible as per criteria laid in the advertisement. 9. No merit. Dismissed. 10. No costs. Connected miscellaneous petition is closed.