The relief sough for in this Writ Petition is for issuance of a direction to the respondents to appoint the petitioner in reference to the proceedings dated 12.01.2016, to the post of Multi Speciality Hospital Mazdoor in Thiruvannmalai Dsitrict.
2.On a perusal of the letter cited above dated 12.01.2016, it is only a 'Call Letter' sent to the petitioner to participate in the interview, for recruitment to the post of Watchman.
3.The appointment can never be claimed as a matter of right. Equal opportunity in Public Employment is a Constitutional mandate. Opportunity to all the citizens to participate and contest for recruitment to the Public Employment is to be made available. Any method of appointment other than Constitutional Scheme are invalid. In the event of effecting such appointments, it will certainly be in violation of Articles 14 & 16 of the Constitution of India. Equal opportunity in employment means, for all recruitment to the Public Post to be undertaken only through Constitutional Schemes and under the Recruitment Rules in force. It is the duty of the State and the Union to see that all such appointments are made by following the Recruitment Rules. Any violation by the Officials in this regard to be viewed seriously. The officials making appointments at their whims and fancies, in violation of Recruitment Rules should be certainly punished under the Tamil Nadu Civil Services (Discipline & Control) Rules. The Government should be vigil against the erring officials in this regard.
4.In the case on hand, the writ petitioner claims that he is eligible for appointment to the post of Night Watchman and he was called for an interview, but, not selected. The learned counsel appearing for the petitioner contended that the case of the writ petitioner has to be considered sympathetically, on the ground that he is a differently abled person and already worked on temporary basis.
5.This Court is of an undoubted opinion that the opportunity to the similarly placed persons like the writ petitioner to be provided equally to all. There are many such physically challenged persons in this Country, waiting for Public Employment. Thus, no preference can be shown to the writ petitioner alone, since because he moved this Court under
Article 226 of the Constitution of India. Equal opportunity to similarly placed persons also is a constitutional requirement.
6.In view of the legal principles, this Court is of the clear opinion that showing unnecessary sympathy and leniency in the matter of Public Employment will create inequity and certainly the Courts should not deprive the rights of all other eligible citizens of this great Nation. Such being the legal factum, no consideration can be shown in respect of the claim made in this Writ Petition. Accordingly, the Writ Petition stands dismissed. No costs.
01.08.2017 To 1 The Chief Secretary to Government of Tamilnadu Public (Service-A) Department Fort St. George, Chennai 600 009.
2 The Director The Office of Director of Health Services Thiruvannamalai.
3 The Deputy Director Office of Director of Health Services Thiruvannamalai.
S.M.SUBRAMANIAM, J.
rpa W.P.No.5694 of 2017 01.08.2017