Madras High Court
M.Keerthana vs The District Collector on 8 June, 2023
W.P.(MD)Nos. 24135 & 26587 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 08.06.2023
CORAM
THE HONOURABLE MRS.JUSTICE S.SRIMATHY
W.P.(MD)Nos.24135 & 26587 of 2019
and
W.M.P(MD)Nos. 20726, 20727, 20729, 22942, 22944 of 2019 &
4832, 1521 of 2020
M.Keerthana ... Petitioner in
W.P.(MD)No.24135 of 2019
G.Anitha ... Petitioner in
W.P.(MD)No.26587 of 2019
Vs.
1. The District Collector,
Sivagangai District, Sivagangai.
2. The Assistant Director,
Sivagangai District, Sivagangai.
3. The Block Development Officer/Special Officer for
T.Velankulam Panchayat,
Thiruppuvanam Taluk,
Thiruppuvanam,
Sivagangai District.
4. V.Vairavamoorthy ... Respondents in both the Petitions
https://www.mhc.tn.gov.in/judis
W.P.(MD)Nos. 24135 & 26587 of 2019
PRAYER in W.P.(MD)No.24135 of 2019 : Writ Petition filed under Article 226
of the Constitution of India for issuance of Writ of Certiorarified Mandamus,
calling for the records relating to the impugned order passed by the 3rd
respondent herein in his proceedings No.83/718/2018, dated 07.11.2019 quash
the same and consequently direct the respondents 1 to 3 to appoint the petitioner
in the post of Village Panchayat Secretary, T.Velankulam Village, Tiruppuvanam
Taluk, Sivagangai District.
PRAYER in W.P.(MD)No.26587 of 2019 : Writ Petition filed under Article 226
of the Constitution of India for issuance of Writ of Certiorarified Mandamus,
calling for the records pertaining to the Impugned Order Ref.Na.Ka.No.P
3/718/2018, dated 07.11.2019 on the file of the 3rd respondent relating to the
appointment order of 4th respondent and quash the same illegal and consequently
direct the 3rd and 2nd respondents to consider and appoint the petitioner to the
post of T.Velangulam Village Panchayat Secretary in the 3rd respondent's Village
Panchayat.
In W.P.(MD)No.24135 of 2019
For Petitioner : Mr.S.C.Herold Singh
For R-1 & R-2 : Mr.R.Suresh Kumar
Additional Government Pleader
For R-3 : No appearance
For R-4 : Mr.H.Mohammed Imran, for
M/s.Ajmal Associates
https://www.mhc.tn.gov.in/judis
W.P.(MD)Nos. 24135 & 26587 of 2019
In W.P.(MD)No. 26587 of 2019
For Petitioner : No appearance
For R-1 & R-2 : Mr.R.Suresh Kumar
Additional Government Pleader
For R-3 : No appearance
For R-4 : Mr.H.Mohammed Imran, for
M/s.Ajmal Associates
COMMON ORDER
Since the issue involved in both the Writ Petitions are similar in
nature both the writ petitions are taken up together and disposed of by a common
order.
2(i). W.P.(MD)No.26587 of 2019 has been filed for Certiorarified
Mandamus to quash the impugned order, dated 07.11.2019, with a consequential
direction to the 2nd and 3rd respondents to consider and appoint the petitioner as
Village Panchayat Secretary in the 3rd respondent's Village Panchayat.
2(ii). Writ of Certiorarified Mandamus has been filed for
Certiorarified Mandamus to quash the impugned order dated 07.11.2019 relating
https://www.mhc.tn.gov.in/judis
W.P.(MD)Nos. 24135 & 26587 of 2019
to the appointment order of 4th respondent and consequently direct the 3rd and 2nd
respondents to consider and appoint the petitioner to the post of T.Velangulam
Village Panchayat Secretary in the 3rd respondent's Village Panchayat
3. The 4th respondent namely V.Vairavamoorthy was selected in the
selection process and he was issued an appointment order and he was serving in
the said post. But the allegation against the 4th respondent is that he has produced
false certificates in order to secure his appointment. At this stage this issue cannot
be gone into, since at the time of hearing this writ petition, it was submitted by the
parties that the 4th respondent committed suicide and died.
4. The 1st respondent has filed counter stating that the said post was
reserved for 'Backward community other than Muslim community'. The
petitioner G.Anitha, belongs to Most Backward Community (Maravar), therefore,
the said G.Anitha is not entitled to be considered. Therefore this Court is of the
considered opinion since the post was allotted to the Back Ward community, the
petitioner belongs to Most Backward Community, the writ petition filed in W.P.
(MD)No.26587 of 2019 by G.Anitha is liable to be dismissed.
https://www.mhc.tn.gov.in/judis
W.P.(MD)Nos. 24135 & 26587 of 2019
5. The W.P.(MD)No.24135 of 2019 has been filed by M.Keerthana,
challenging the same appointment granted to the said V.Vairavamoorthy.
6. The learned counsel appearing for the petitioner submitted that for
the said post 32 candidates have applied. After conducting interview, the
respondents have short listed 6 candidates. The list of candidates is extracted
here under:
t. fpuk Cuhl;rpapd; ngah; xJf;fg;gl;l ,d tpz;zg;gjhuhpd;
vz; Row;rp ngah; kw;Wk; Kfthp
3. b.Ntyhq;Fsk; gpw;gLj;jg;gl;Nlhh-; K.tpNdhj;Fkhh;
(K];yPk; jtpu) j-ng.Kdp];tud;
1-179 eLj;njU
b.Ntyhq;Fsk;
8870256913
4 b.Ntyhq;Fsk; gpw;gLj;jg;gl;Nlhh-; nr.ma;adhh;
(K];yPk; jtpu) j-ng.NrJuhkd;
2-81
C.b.Ntyhq;Fsk;
9600720527
5 b.Ntyhq;Fsk; gpw;gLj;jg;gl;Nlhh-; K.fPh;j;jdh
(K];yPk; jtpu) j-ng.Kdp];tud;
1-172> eLj;njU
b.Ntyhq;Fsk;
9442120590
6 b.Ntyhq;Fsk; gpw;gLj;jg;gl;Nlhh-; m.<];tud;
(K];yPk; jtpu) j-ng.ma;adhh;
2-23> ma;ak;Ngl;il
b.Ntyhq;Fsk;
7094958596
https://www.mhc.tn.gov.in/judis
W.P.(MD)Nos. 24135 & 26587 of 2019
7. The contention of the petitioner, M.Keerthana is that the said
V.Vairavamoorthy produced fake and false documents, moreover he died. Hence
the other candidates in the “short listed candidates” are entitled to be considered.
The petitioner further submitted that the official respondents have not followed
the rules of reservation. The petitioner is 100% physically disabled women and
based on the rules of reservation, the petitioner ought to be considered for
appointment under disabled women category.
8. The learned Additional Government Pleader appearing for the
official respondents submitted that the unsuccessful candidates cannot challenge
the selection process. In support of his contention, the learned counsel appearing
for the petitioner relied on the Judgment rendered by the Hon'ble Supreme
Court in the case of D.Sarojakumari Vs. R.Helen Thilakom and Others,
reported in 2017 SCC Online SC 1095. This Court is of the considered opinion
that in the present case, the writ petitioners and other five persons cannot be
stated as unsuccessful candidates and they were selected and are in the “short
listed candidates”. The said V.Vairavamoorthy was selected based on the
https://www.mhc.tn.gov.in/judis
W.P.(MD)Nos. 24135 & 26587 of 2019
available records, but the records seems to be fake. Moreover, the respondents
have not followed the rules of reservation especially the rules of priority. The
petitioner being 100% disabled person will come under the prior category cannot
be termed as unsuccessful candidate. Hence, the said judgment is not applicable
to the present case.
9. Therefore, this Court is of the considered opinion that the
respondents ought to have consider the other five candidates by following the
rules of reservation, including the rules of priority under disability etc. Hence, the
respondents are directed to consider the merits of the said five candidates, by
strictly following the rules of reservation including priority category and issue an
appointment order to the candidate who would be selected in the said process.
The said exercise shall be completed within a period of six weeks from the date
of receipt of a copy of the order.
10. At this juncture, the learned counsel appearing for the
4th respondent submitted that the deceased V.Vairavamoorthy was appointed and
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W.P.(MD)Nos. 24135 & 26587 of 2019
served in the said post, because of this litigation the said V.Vairavamoorthy did
not get any salary for the period he was served. Therefore this Court is of the
considered opinion the appointment order issued to the deceased
V.Vairavamoorthy need not be cancelled to the extent of granting salary benefits
for the legal heirs. The respondents are directed to disburse the salary to the legal
heirs of the deceased V.Vairavamoorthy, after ascertaining the fact of the legal
heirs of the deceased V.Vairavamoorthy, within a period of four weeks from the
date of receipt of a copy of the order.
11. Accordingly, the writ petition filed in W.P.(MD)No.26587 of
2019 by G.Anitha is dismissed. The writ petition filed in W.P.(MD)No.24135 of
2019 by M.Keerthana is disposed of with aforesaid directions. No Costs.
Consequently, connected miscellaneous petitions are closed.
Index : Yes / No 08.06.2023
Internet : Yes
ksa
https://www.mhc.tn.gov.in/judis
W.P.(MD)Nos. 24135 & 26587 of 2019
To
1. The District Collector,
Sivagangai District,
Sivagangai.
2. The Assistant Director,
Sivagangai District,
Sivagangai.
3. The Block Development Officer/Special Officer for
T.Velankulam Panchayat,
Thiruppuvanam Taluk,
Thiruppuvanam,
Sivagangai District.
https://www.mhc.tn.gov.in/judis
W.P.(MD)Nos. 24135 & 26587 of 2019
S.SRIMATHY, J
ksa
Common Order made in
W.P.(MD)Nos.24135 & 26587 of 2019
08.06.2023
https://www.mhc.tn.gov.in/judis
