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S. M. SUBRAMANIAM, C. KUMARAPPAN
S. Jayabharathi – Appellant
Versus
State of Tamil Nadu, Rep. by its Principal Secretary, Department of Personnel and Administrative Reforms – Respondent
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The dismissal of the writ petition as withdrawn reflects the procedural aspect of legal challenges regarding employment reservations under the Constitution of India, without addressing the substantiv....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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