Madras High Court
K.Karthik vs S.Sivaraj on 20 March, 2025
Author: G.Jayachandran
Bench: G.Jayachandran
W.A.(MD) No.1118 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 20.03.2025
CORAM:
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
and
THE HONOURABLE MS.JUSTICE R.POORNIMA
W.A.(MD) No.1118 of 2019
and
C.M.P.(MD) Nos.9982 of 2019 & 3703 of 2022
K.Karthik ... Appellant
-vs-
1.S.Sivaraj
2.The Assistant Director (Town Panchayat)
O/o.Assistant Director of Town Panchayat
1st Floor, Collectorate Complex
Dindigul, Dindigul District
3.The Executive Officer
Keeranur Town Panchayat
Keeranur, Palani Taluk, Dindigul District ... Respondents
Writ Appeal filed under Clause 15 of Letters Patent to set aside the
order, dated 14.08.2019, passed in W.P.(MD) No.1736 of 2015, on the file of
this Court.
For Appellant : No appearance
For Respondents : Mr.N.Thirukumaran for R1
Mr.D.Gandhiraj
Special Government Pleader for R2 & R3
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W.A.(MD) No.1118 of 2019
JUDGMENT
DR.G.JAYACHANDRAN, J.
AND
R.POORNIMA, J.
A patent personal bias in the selection process is exposed in the
writ petition filed by the first respondent herein.
2. The facts of the case are that for the post of Sanitary Worker in
Keeranur Town Panchayat, a list of eligible candidates were called for from the
Employment Exchange by the respondent – Town Panchayat. The names of
the writ petitioner Sivaraj and the appellant herein, namely, Karthick, were in
the list along with other candidatess. The Interview / Selection Committee
constituted by the respondent – Town Panchayat consists of the Members of
the Ward, in which, the father of the said Karthick (appellant herein) was one
of the members. He had participated in the selection process of his own son,
selected his son (appellant herein) and signed in the resolution also. Having
come to know about this, the unsuccessful candidate Sivaraj had filed the writ
petition in W.P.(MD) No.1736 of 2015 seeking to quash the appointment of the
said Karthick and to conduct a fresh interview for the post of Sanitary Worker.
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3. The learned Single Judge called for the records from the
respondent – Town Panchayat, perused the same and found that the father of
the successful candidate, namely, Karthick was one of the members in the
Interview / Selection Committee and also signatory to the resolution of the
selection of candidates to the post of Sanitary Worker and hence, by an order
dated 14.08.2019, allowed the said writ petition and quashed the selection of
the said Karthick.
4. Being aggrieved by the said order, the said Karthick has
preferred the present writ appeal by contending that his father did not
participate in the Interview / Selection Committee and the Appointment
Committee consists of the Chairman, Executive Officer and Senior Ward
Member of the Town Panchayat and his father had no role in the interview /
selection process and the Executive Officer of the respondent – Town
Panchayat is the competent authority to finalize the list of selected candidates.
Further, it is contended that the appointment of the appellant was as per the
merits and performance in the interview and hence, there is no violation or
illegality in the appointment of the appellant herein to the post of the Sanitary
Worker.
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5. The presence of the appellant's father in the Interview /
Selection Committee by itself is sufficient to hold that there is a personal bias
involved in the selection process. That apart, the learned Single Judge had
called for the records from the respondent – Town Panchayat and found that
the father of the appellant herein, was not only a member of the Appointment
Committee, but he had conducted the interview of his own son along with the
other candidates, selected him and also signed in the minutes of appointment
to the post of Sanitary Worker. In the said circumstances, the observation of
the learned Single Judge that the appointment of the appellant herein as
illegal, improper and against all canons of justice, is the appropriate
observation and expression to be made in this case.
6. In the result, this writ appeal is dismissed. The interim order
granted by this Court on 01.11.2019 is vacated. No costs. Consequently,
connected miscellaneous petitions are closed.
[G.J., J.] [R.P., J.]
20.03.2025
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
krk
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To:
1.The Assistant Director (Town Panchayat),
O/o.Assistant Director of Town Panchayat,
1st Floor, Collectorate Complex,
Dindigul, Dindigul District.
2.The Executive Officer,
Keeranur Town Panchayat,
Keeranur, Palani Taluk,
Dindigul District.
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DR.G.JAYACHANDRAN, J.
AND
R.POORNIMA, J.
krk
and
C.M.P.(MD) Nos.9982 of 2019 & 3703
of 2022
20.03.2025
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