ABDUL QUDDHOSE
M. Muthuganesan – Appellant
Versus
Additional Chief Secretary/State Tax Commissioner, Chepauk, Chennai – Respondent
ORDER :
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, to direct the second and third respondents to consider the petitioner's candidature in the selection process for the post of Office Assistant in the third respondent office in view of the order passed by this Hon'ble Court in W.P.(MD)No. 22133 of 2018 dated 31.10.2018 and thereby appoint the petitioner as Office Assistant in the third respondent office by considering the representation given by the petitioner dated 28.01.2019 within the period stipulated by this Court.
In the counter affidavit filed by the respondents, it has been stated that the selection process which is the subject matter of this writ petition has been stalled and the relevant paragraphs of the counter affidavit reads thus:
A writ petition seeking appointment can be dismissed as infructuous if the underlying selection process is stalled due to external factors, such as government reorganization that eliminates vacancies....
The recruitment process must ensure equal treatment of all candidates, upholding constitutional principles of fairness and non-discrimination.
A writ petition can be dismissed for non-prosecution if the petitioner shows a lack of interest in pursuing the case.
The court considered the principle of timeliness and finality in the context of providing additional marks for selection, especially after the completion of the selection process and the filling of a....
The completion of the selection process and the legal impermissibility of accommodating a candidate after a significant delay.
The appointing authority should provide legally acceptable justifiable reasons for non-appointment of candidates in the waiting list, and the inaction in filling up vacant posts without justifiable r....
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