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2022 DIGILAW 2224 (MAD)

Premsekar v. District Collector, Salem

2022-07-20

S.M.SUBRAMANIAM

body2022
JUDGMENT : (Prayer: Writ Petition filed Under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, call for the records relating to the impugned order issued by the 2nd respondent herein in Na.Ka.No.2624/2014/C1 dated 03.12.2014, quash the same, further direct the 2nd respondent herein to consider the petitioner's case for appointment to the post of Junior Assistant in his Municipality.) 1. The order impugned dated 03.12.2014, rejecting the request of the writ petitioner to appoint him based on the application is under challenge in the present writ petition. 2. The order impugned states that the Post of Junior Assistant was filled originally as per the Reservation Roster and one P.Nithyanandhi was appointed. However, she had served for sometime and thereafter, resigned the post. Thus, the post of Junior Assistant is to be filled by following the Reservation Roster and accordingly, a Scheduled Caste candidate is to be appointed. 3. This Court is of the considered opinion that mere application would not be a ground to seek appointment to the post of Junior Assistant. All appointments are to be made strictly in accordance with the rules in force. Reservation is to be followed, while conducting the process of selection, through open competitive process. It is not as if a candidate can be appointed merely based on the Roster system. The process of selection is to be conducted and even for application of Roster, the eligible candidates amongst the Reserved category is to be determined. 4. Therefore, the selection and appointments are to be made by conducting a open competitive process and the respondents cannot directly appoint any person to the Post of Junior Assistant. 5. The learned Additional Government Pleader appearing for the respondents made a submission that the post of Junior Assistant is now brought under the purview of the Tamil Nadu Public Service Commission (TNPSC) and therefore, the process of selection is to be conducted by the TNPSC and the petitioner, if eligible, may participate in the process of selection, if any Notification is issued by the TNPSC. 6. However, the relief as such sought for in this writ petition deserves no merit consideration. Accordingly, the writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.