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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M.Subramaniam, C.Kumarappan, JJ.
S.Jayabharathi - Petitioner
Versus
The State of Tamil Nadu, Rep. by its Principal Secretary, Department of Personnel and
Administrative Reforms and ors.
W.P.No.28781 of 2022 and W.M.P.Nos.28070 & 28071 of 2022
Decided On : 10-06-2024
Writ Petition - Recruitment Notification - The court dismissed the writ petition challenging the recruitment notification for the post of Senior Bailiff, emphasizing that the recruitment process was completed and selected candidates were already appointed. The court allowed the petitioner to challenge the appointment orders if issued in violation of law, highlighting the principle that completed recruitment processes cannot be contested unless there are legal violations in the appointments.
Fact of the Case:
The writ petition was filed under Article 226 of the Constitution of India to challenge Recruitment Notification No.159 of 2022 for various posts in the Subordinate Judicial Service in Dindigul District, Tamil Nadu, specifically concerning backlog vacancies for the post of Senior Bailiff under the Scheduled Caste (Arunthathiyars) category.
Finding of the Court:
The court found that the recruitment process had been completed and selected candidates were already appointed and serving, rendering the challenge to the recruitment notification moot. The court stated that the petitioner could challenge the appointment orders if they were issued in violation of law.
Issues: Whether the writ petition challenging the recruitment notification was maintainable given that the recruitment process had been completed and appointments made.
Ratio Decidendi: The court held that once the recruitment process is completed and appointments are made, challenges to the recruitment notification itself are not maintainable unless there is a clear violation of law in the appointment process.
Result: The writ petition was dismissed, and the petitioner was granted liberty to challenge the appointment orders if necessary.
ORDER :
S.M.SUBRAMANIAM, J.
Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari, calling for the records relating to the impugned Notification No.159 of 2022 dated 24.07.2022 published by the 2nd respondent, quash the same in so far as the backlog vacancy for the post of Senior Bailiff under Scheduled Caste (Arunthathiyars) – W/DW – Priority category notified therein.
The writ petition has been instituted challenging the Recruitment Notification No.159 of 2022 dated 24.07.2022 for recruitment to the post of Examiner, Reader, Senior Bailiff and Xerox Operator in Subordinate Judicial Service for the Dindigul District, Tamil Nadu.
2. Admittedly, the recruitment process had been completed and selected candidates were appointed and serving. Therefore, the writ petition deserves no further adjudication, since the challenge made is the recruitment-notification. However, the petitioner is at liberty to challenge the appointment orders, if it had been issued in violation of law.
3. With this liberty, this Writ Petition stands dismissed. No costs. Consequently, connected Miscellaneous Petitions are closed.
A completed recruitment process cannot be challenged unless there are legal violations in the appointment orders.
The completion of a recruitment process and subsequent appointments preclude challenges to the selection list, but individuals retain the right to contest specific appointments that may violate legal....
The main legal point established in the judgment is that the right to promotion or appointment by way of transfer of service accrues to employees only when an administrative decision is taken to fill....
The dismissal of the writ petition as withdrawn reflects the procedural aspect of legal challenges regarding employment reservations under the Constitution of India, without addressing the substantiv....
The recruitment process must ensure equal treatment of all candidates, upholding constitutional principles of fairness and non-discrimination.
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