Madras High Court
K.Mariammal vs The State Of Tamil Nadu on 2 July, 2025
W.P.(MD)No.5735 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 02.07.2025
CORAM:
THE HONOURABLE MR.JUSTICE SHAMIM AHMED
W.P.(MD)No. 5735 of 2021
and
W.M.P.(MD)Nos.4520, 4521 and 4522 of 2021
K.Mariammal,
D/o.Late.Mr.Kanthan,
318, Colony 1st Street,
Achampatti,
Pudukudi Panchayat,
Kadayanallur Taluk,
Tenkasi District. ...Petitioner
Vs
1.The State of Tamil Nadu,
Represented by its Secretary to Government,
Adi Dravidar and Tribal Welfare Department,
Secretariat,
Chennai.
2.The Commissioner of Adi Dravidar,
O/o. Adi Dravidar Welfare Department,
Chepauk,
Chennai.
3.The District Adi-Dravidar and Tribal Welfare Officer,
O/o.Adi Dravidar and Tribal Welfare Department,
Tirunelveli,
Tirunelveli District.
1/12
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W.P.(MD)No.5735 of 2021
4.M.Santhanaraj,
S/o.Mariyappan,
Periyar Nagar,
Keelathenkalam,
Sankar Nagar,
Tirunelveli District.
5.S.Velayutham,
S/o.Subramanian,
Rajendran Nagar,
Palayamkottai,
Tirunelveli District.
6.C.Mariyappan,
S/o.Chinnaudaiyar,
North Alagu Nathicyapuram,
Palankottai,
Thiruvengadam,
Tenkasi District.
7.M.Murugeswari,
W/o.Marimuthu,
16A, Ulagammankovil North Street,
Thatchanallur,
Tirunelveli District.
8.S.Sudalai Manikandan,
S/o.Selvaraj,
454/204, J.Satiya Street,
K.C.Road,
Melur, Senkottai,
Tenkasi District.
2/12
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W.P.(MD)No.5735 of 2021
9.N.Iyappan Nainar,
S/o.Nehru,
1A, Paranar Street,
Murugankurichi,
Palayamkottai,
Tirunelveli District.
10.C.Amutha,
W/o.Lakshmanan,
5/232, Middle Street,
Ponnagaram,
Kulasekaranmangalam,
Sankarankoil Taluk,
Tirunelveli District.
11.B.Navaneethakrishnan,
S/o.Balusamy,
3/1U, First Street,
Rajendra Nagar,
Palayamkottai,
Tirunelveli District.
12.R.Aruna,
W/o. Janakiram Prasath,
13, Sukkannagar 5th Street,
Sankarankoil,
Tenkasi District.
13.K.Chandran,
S/o.Komban,
3/91 North Street,
Yadavar Kudiyiruppu,
Udhayathur,
Tirunelveli District. ...Respondents
3/12
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W.P.(MD)No.5735 of 2021
Prayer:- Writ Petition filed under Article 226 of the Constitution of India
for issuance of Writ of Certiorari and Mandamus, calling for the records
relating to the impugned order passed by the third respondent in his
proceedings in Na.Ka.No.A4/13433/2020 dated 25.02.2021 and quash the
same as illegal and consequentially to direct the respondents to proceed
with the recruitment process of Cook in conformity with Article 14 and 16
of the Constitution of India and consider the petitioner's candidature in
accordance with law.
For Petitioner : Ms.Affrin Fathima
For M/s.Ajmal Associates
For R-1 to R-3 : Mr.D.Sadiq Raja
Additional Government Pleader
ORDER
1. Heard Ms.Affrin Fathima, learned counsel, for M/s.Ajmal Associates,
appearing for the Petitioner and Mr.D.Sadiq Raja, learned Additional
Government Pleader appearing for the Respondents 1 to 3.
2. This Writ Petition has been filed under the Article 226 of the
Constitution of India, to issue a Writ of Certiorari and Mandamus, to
quash the impugned order passed by the third respondent in his
proceedings in Na.Ka.No.A4/13433/2020 dated 25.02.2021 and
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consequentially to direct the respondents to proceed with the
recruitment process of Cook in conformity with Article 14 and 16 of
the Constitution of India and consider the petitioner's candidature in
accordance with law.
3. The facts of the case, as set out in the affidavit filed in support of this
Writ Petition, in a nut shell, led to filing of this Writ Petition and
necessary for disposal of the same, are as follows:-
(a) The petitioner challenges the appointment to the post of Cook in
schools/hostels functioning under the control of the Adi Dravidar
and Tribal Welfare Department. The petitioner, who has completed
6th standard, was registered with the District Employment Office at
Tirunelveli. The 3rd Respondent invited applications from eligible
candidates for the post of Cook through the Employment Exchange
and by way of newspaper advertisement. The petitioner applied for
the post and appeared for the interview on 09.02.2021. However,
when the 3rd Respondent issued the impugned proceedings dated
25.02.2021, selecting 39 candidates (the private respondents herein)
for appointment as Cooks, the petitioner's name was not included in
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the list. Aggrieved by the non-selection, the petitioner has filed the
present Writ Petition, alleging that the selection process was not
conducted properly by the respondents.
4. When the matter was taken up on 26.06.2025, this Court passed the
following order:
“Mr.D.Sadiq Raja, learned Additional
Government Pleader for the respondents 1 to 3
submits that in an identical issue, this Court, vide
judgment and order dated 19.03.2025, had
dismissed the writ petition bearing W.P.(MD) No.
10907 of 2021 (C.Suresh Vs. The Commissioner,
Adi Dravidar Welfare, Chennai and others), in
which, the very same proceedings in
Na.Ka.No.A4/13433/2020, dated 25.02.2021,
which was challenged in the present writ petition
also, issued by the third respondent herein/the
District Adi Dravidar and Tribal Welfare Officer,
Tirunelveli, has been challenged. Thus, it was
submitted that the present Writ Petition may also
be dismissed.
2.Relevant portion of the judgment and order
made in W.P.(MD) No.10907 of 2021, dated
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19.03.2025, is extracted herein below:-
“5.After considering the arguments, as
advanced by the learned Counsel for
the parties and after perusal of the
averments made in the Writ Petition as
well as in the counter affidavit filed by
the second respondent, this Court is
satisfied that the petitioner does not
qualify the minimum criteria for the
appointment in the post of Cook and the
Selection Committee, who conducted
the interview on 02.02.2021 and found
the suitable candidates, those who are
39 in number and selected them. Thus,
the grounds taken in the Writ Petition
do not attract this Court for any
interference. Accordingly, the Writ
Petition lacks merits and the Writ
Petition is dismissed. No order as to
costs. Consequently, connected
miscellaneous petition is closed”
3.A copy of the judgment and order made in
W.P.(MD) No.10907 of 2021, dated 19.03.2025
has been produced before this Court, which is
now taken on record and a copy of the same has
also been given to the learned counsel for the
petitioner.
4.Ms.Afrin Fathima for M/S.Ajmal Associates
appearing for the petitioner prays to grant 2 days
time to go through the judgment and order made
in W.P.(MD)No.10907 of 2021, dated 19.03.2025.
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5.The learned Additional Government Pleader
for the Respondents has no objection to the prayer
made by the learned counsel for the Petitioner.
6.Accordingly, as prayed for by the learned
counsel for the Petitioner, three days time is
granted to go through the judgment and order
made in W.P.(MD) No. 10907 of 2021, dated
19.03.2025.
7.Put up this case ‘for further orders’ on
02.07.2025 before the appropriate Bench.”
5. Today, when the matter is taken up, Mr.D.Sadiq Raja, learned
Additional Government Pleader, submits that appointment orders
were issued to the selected candidates based on their merit and purely
in accordance with the decision of the Selection Committee. He states
that the entire selection process for the post of Cook was conducted
based on merit, eligibility and suitable candidates were given
appointment orders. It is further stated that the petitioner does not
meet the selection criteria as per the norms and standards fixed by the
Selection Committee. Therefore, the petitioner's name was not
included in the list of selected candidates, and the petitioner's claim is
unjustified. Accordingly, he prays this Court to dismiss the writ
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petition in light of the judgments and orders passed by this Court in
W.P.(MD)No.10907 of 2021 dated 19.03.2025 and W.P.(MD)No.
10912 of 2021 dated 19.03.2025.
6. Ms.Affrin Fathima, learned counsel for M/s.Ajmal Associates,
appearing for the petitioner, concurs with the submissions made by
the learned Additional Government Pleader and submits that the facts
of the case are fully covered by the identical judgments and orders
passed by this Court in W.P.(MD)No.10907 of 2021 dated 19.03.2025
and W.P.(MD)No.10912 of 2021 dated 19.03.2025. A copy of the
said judgment has been produced before this Court and taken on
record.
7. After considering the submissions made by the learned counsel for
both parties and perusing the records, including the identical
judgments and orders passed by this Court in W.P.(MD)No.10907 of
2021 dated 19.03.2025 and W.P.(MD)No.10912 of 2021 dated
19.03.2025 and after considering the case of the Petitioner and the
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averments made in the Writ Petition and after perusal of the counter
affidavit, it transpires to this Court that the appointment orders were
issued to the selected candidates based on their merit and in
accordance with the decision of the Selection Committee. The entire
selection process for the post of Cook was conducted based on merit
and eligibility, and suitable candidates were given appointment
orders. It is observed that the petitioner does not meet the selection
criteria as per the norms and standards fixed by the Selection
Committee. Consequently, the petitioner's name was not included in
the list of selected candidates, and the petitioner's claim is therefore
unjustified.
8. Accordingly, in view of the submissions made by the learned counsel
for the Petitioner and the learned Additional Government Pleader for
the Respondents, and in light of the judgments and orders passed by
this Court in W.P.(MD)No.10907 of 2021 dated 19.03.2025 and W.P.
(MD)No.10912 of 2021 dated 19.03.2025, this Writ Petition is
dismissed.
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Consequently, the connected miscellaneous petitions are closed.
There shall be no order as to costs.
02.07.2025
Index:Yes/No
Web:Yes/No
Speaking/Non Speaking
Nsr
To:
1.The Secretary to Government,
The State of Tamil Nadu,
Adi Dravidar and Tribal Welfare Department,
Secretariat,
Chennai.
2.The Commissioner of Adi Dravidar,
O/o. Adi Dravidar Welfare Department,
Chepauk, Chennai.
3.The District Adi-Dravidar and Tribal Welfare Officer,
O/o.Adi Dravidar and Tribal Welfare Department,
Tirunelveli,
Tirunelveli District.
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SHAMIM AHMED, J.
Nsr
02.07.2025
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