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V.Mohana Priya vs The Principal Secretary To ...

Madras High Court|04 January, 2017

JUDGMENT / ORDER

By consent, the writ petition is taken up for final disposal. Mr.K.Dhananjayan, learned Special Government Pleader accepts notice on behalf of the respondents 1 and 2 and Mr.E.Elumalai, learned Government Advocate accepts notice on behalf of the 3rd respondent.
2 The petitioner would state that she is hailing from a poor family and belongs to Hindu Adi Dravidar Community. The petitioner would further aver that she is having qualification of SSLC, Higher Secondary Course, Diploma in Teacher Education and B.Sc. and got registered her name in the jurisdictional Employment Exchange. The grievance expressed by the petitioner is that the 2nd respondent has issued a Notification for filling up the post of Noon Meal Organiser and Cook Assistant in respect of 349 and 518 vacancies respectively and the petitioner submitted an application to the 3rd respondent for selection and appointment to the post of Noon Meal Organiser and she was also issued with a Call Letter dated 18.08.2016 to attend the interview to be conducted on 30.08.2016. But, all of a sudden, the interview was cancelled and the reason appears to be due to administrative reasons. The petitioner, in this regard, has submitted a detailed representation dated 22.12.2016 to the respondents, praying for appropriate direction to continue with the selection process and since no response is forthcoming, she came forward to file the present writ petition.
3 Mr.G.Sankaran, learned counsel for the petitioner would submit that for want of filling up of the posts of Noon Meal Organisers and Cook Assistants, the Schools concerned are suffering and therefore, in all fairness, the 3rd respondent should have continued with the selection process and since for the reasons best known to them, the selection process has been cancelled, the petitioner is constrained to submit a representation and therefore, prays for appropriate orders for earlier disposal of the representation.
4 This Court heard the submissions of Mr.K.Dhananjayan, learned Special Government Pleader appearing for the respondents 1 and 2 and Mr.E.Elumalai, learned Government Advocate appearing for the 3rd respondent.
5 It is well settled position of law that it is always open to the authorities to go for cancellation of the selection process. In the considered opinion of the Court, no legal right has been accured to the petitioner as on date. Be that as it may, the petitioner requires reason for cancellation of the selection process and therefore, it is always open to her to invoke the benevolent provisions of the Right to Information Act, 2005, and seek information as to the reasons for cancellation of the selection process.
6 In the light of the effective alternate remedy available, this Court is of the view that the writ petition is not maintainable as on today. Therefore, the writ petition is disposed of granting liberty to the petitioner to invoke the provisions of the Right to Information Act, 2005 and as and when such a request is received, the concerned officer shall take expeditious steps to dispose of the same as expeditiously as possible in accordance with law and communicate the decision taken, to the petitioner.
7 The writ petition stands disposed of with the above direction. No costs.
04.01.2017 Index : No Internet : Yes AP To
1.The Principal Secretary to Government State of Tamil Nadu, Social Welfare & Nutritious Meal Scheme Department Secretariat, Fort St George, Chennai 600009.
2.The District Collector Salem District, Salem.
3.The Commissioner Ayothipattinam Panchayat Union Salem District.
M.SATHYANARAYANAN. J AP W.P.No.139/2017 04.01.2017 http://www.judis.nic.in
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Title

V.Mohana Priya vs The Principal Secretary To ...

Court

Madras High Court

JudgmentDate
04 January, 2017