Madras High Court
R.Paramasivam vs The State Of Tamil Nadu on 15 April, 2021
W.P(MD)Nos.7745 & 7748 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 15.04.2021
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
W.P(MD)Nos.7745 & 7748 of 2021
and
W.M.P(MD)Nos.5894, 5897, 5899 & 5900 of 2021
W.P(MD)No.7745 of 2021:-
R.Paramasivam ... Petitioner
vs.
1.The State of Tamil Nadu,
Rep. by its Secretary to Government,
Adi Diravidar and Tribal Welfare Department,
Secretariat, Chennai.
2.The Commissioner of Adi Diravidar,
O/o.Adi Diravidar Welfare Department,
Chepauk, Chennai.
3.The District Adi Dravidar and Tribal Welfare Officer,
O/o.Adi Diravidar and Tribal Welfare Department,
Trichy, Trichy District.
4.R.Mugesh Raj ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India
for issuance of a Writ of Certiorarified Mandamus, calling for the records
relating to impugned order passed by the third respondent in his
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W.P(MD)Nos.7745 & 7748 of 2021
proceedings in Na.Ka.No.Ma4/19616.2020 dated 22.01.2021 and quash
the same as illegal and consequently to direct the respondents to
proceed with the recruitment process of cook in conformity with Articles
14 and 16 of the Constitution of India and the petitioner's candidature in
accordance with law within the period stipulated by this Court.
W.P(MD)No.7748 of 2021:-
Y.Parameswari ... Petitioner
vs.
1.The State of Tamil Nadu,
Rep. by its Secretary to Government,
Adi Diravidar and Tribal Welfare Department,
Secretariat, Chennai.
2.The Commissioner of Adi Diravidar,
O/o.Adi Diravidar Welfare Department,
Chepauk, Chennai.
3.The District Adi Dravidar and Tribal Welfare Officer,
O/o.Adi Diravidar and Tribal Welfare Department,
Trichy, Trichy District.
4.A.Adhistakumar ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India
for issuance of a Writ of Certiorarified Mandamus, calling for the records
relating to impugned order passed by the third respondent in his
proceedings dated 22.01.2021 and quash the same as illegal and
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W.P(MD)Nos.7745 & 7748 of 2021
consequently to direct the respondents to proceed with the recruitment
process of cook in conformity with Articles 14 and 16 of the Constitution
of India and the petitioner's candidature in accordance with law within
the period stipulated by this Court.
For Petitioner : Mr.C.Venkatesh Kumar
(in both W.Ps') for M/s.Ajmal Associates
For RR 1 to 3 : Mr.C.Ramesh
(in both W.Ps') Special Government Pleader
COMMON ORDER
These Writ Petitions are filed seeking for Writs of Certiorarified
Mandamus, calling for the records relating to the impugned order passed
by the third respondent in his proceedings in Na.Ka.No.Ma4/19616.2020,
dated 22.01.2021 and quash the same and consequently, to direct the
respondents to proceed with the recruitment process of Cook in
conformity with Articles 14 and 16 of the Constitution of India and the
petitioners candidature in accordance with law within the period
stipulated by this Court.
2.Mr.C.Ramesh, learned Special Government Pleader accepts notice
on behalf of the respondents 1 to 3.
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W.P(MD)Nos.7745 & 7748 of 2021
3.According to the petitioners, they belong to Scheduled Caste
Community and have studied upto 8th Standard and 12th Standard
respectively. While so, the third respondent invited applications from the
eligible candidates for appointment to the post of Cook through
Employment Exchange as well as by way of paper advertisement. The
first respondent, by proceedings, dated 26.05.2020, prescribed the
following qualifications and other eligibility criteria, which reads as
follows:-
“i) The applicant should know to read and write in Tamil
language and should not have passed in 10th standard (Highest
Educational Qualification is S.S.L.C fail).
ii) Age limit is 35 years as on 01.07.2020.
iii) The applicant should be a resident of Trichy District.
iv) The preference should be given to the candidates with
previous experience in cooking both Vegetarian and Non-
Vegetarian food.
v) The applicant should be SC/ST/SCA.
vi) No civil/criminal case is pending against applicant.”
4.The petitioners being fully qualified for the appointment to the
post of Cook, had submitted applications along with necessary
documents. Thereafter, the third respondent, by proceedings, dated
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W.P(MD)Nos.7745 & 7748 of 2021
14.12.2020, issued the interview call letter calling upon them to appear
before him on 28.12.2020. Pursuant to which, the petitioners have
participated in the interview held on 28.12.2020. While the petitioners
were awaiting for the appointment order, to their shock and surprise,
they came to know that the fourth respondent in both the Writ Petitions
were appointed.
5.According to the petitioners, the fourth respondent in both the
Writ Petitions belonged to other District and they got appointment by
producing bogus address. Further, according to the petitioners, some
overqualified persons were also appointed as Cook. As per the Judgment
of the Hon'ble Apex Court in Civil Appeal No.3602 of 2020 (Chief
Manager, Punjab National Bank and another Vs. Anit Kumar Das), if a
person is over qualified, he/she is disqualified for being appointed. In the
above circumstances, the petitioners have come out with the present
Writ Petitions, challenging the impugned orders, dated 22.01.2021
passed by the third respondent appointing the fourth respondent in both
the Writ Petitions.
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W.P(MD)Nos.7745 & 7748 of 2021
6.Mr.C.Ramesh, learned Special Government Pleader appearing for
the respondents 1 to 3 submitted that the fourth respondent in both the
Writ Petitions belonged to Trichy District and he has also produced the
copies of the Aadhar Card showing the address of the fourth respondent
within Trichy District. The learned Special Government Pleader further
submitted that earlier one M.Chandrasekar, with regard to the same
issue, had filed a Writ Petition in W.P(MD)No.4617 of 2021 and this Court
by order dated 05.03.2021, dismissed the said Writ Petition and prayed
for dismissal of the present Writ Petitions.
7.Heard the learned counsel appearing for the petitioners and the
learned Special Government Pleader appearing for the respondents
1 to 3.
8.The grievance of the petitioners in both the Writ Petitions is that
the fourth respondent in both the Writ Petitions belonged to other District
and some overqualified persons were also appointed.
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W.P(MD)Nos.7745 & 7748 of 2021
9.From the perusal of the impugned order and the copies of the
Aadhar Card produced by the learned Special Government Pleader, it is
seen that the addresses of the fourth respondent in both the Writ
Petitions are in Trichirappalli District. Further, it is seen that the
petitioners have not specifically stated that the fourth respondent in both
the Writ Petitions are overqualified and not entitled for appointment and
they have only stated that some of the persons appointed were
overqualified.
10.In view of the failure on the part of the petitioners to specifically
state in the affidavit that the fourth respondent in both the Writ Petitions
are over qualified and the fourth respondent in both the Writ Petitions
belonged to Trichirappalli District, the Writ Petitions are devoid of merits
and the same are liable to be dismissed. Accordingly, both the Writ
Petitions are dismissed. No costs. Consequently, connected Miscellaneous
Petitions are dismissed.
15.04.2021
Index : Yes / No
Internet : Yes / No
ps
https://www.mhc.tn.gov.in/judis/
W.P(MD)Nos.7745 & 7748 of 2021
V.M.VELUMANI,J.
ps
Note :
In view of the present lock
down owing to COVID-19
pandemic, a web copy of the
order may be utilized for official
purposes, but, ensuring that
the copy of the order that is
presented is the correct copy,
shall be the responsibility of the
advocate / litigant concerned.
To
1.The Secretary to Government,
Adi Diravidar and Tribal Welfare Department,
Secretariat, Chennai.
2.The Commissioner of Adi Diravidar,
O/o.Adi Diravidar Welfare Department,
Chepauk, Chennai.
3.The District Adi Dravidar and Tribal Welfare Officer,
O/o.Adi Diravidar and Tribal Welfare Department,
Trichy, Trichy District.
W.P(MD)Nos.7745 & 7748 of 2021
15.04.2021
https://www.mhc.tn.gov.in/judis/
