A writ petition cannot succeed if the employment notification has been canceled and the selection process has been entrusted to another authority, reflecting the need for compliance with procedural norms.

ORDER :

Shamim Ahmed, J.

This Writ Petition has been filed under Article 226 of the Constitution of India, seeking the issuance of a Writ of Certiorarified Mandamus, challenging the Employment Notification Advertisement No. 1 of 2020 dated 05.06.2020 (Ref. No. 3010/Pers-1/2020), on the file of the 2nd Respondent, insofar as it relates to the post of Manager (MIS) only, and all consequential actions that followed. The Petitioner seeks to quash the selection process concerning the post of Manager (MIS) and directs the 2nd Respondent to consider the Petitioner's Representation dated 22.01.2021 for re-examination, strictly in conformity with the prescribed procedure, in a transparent and fair manner.

2. When the matter was taken up for hearing, Mr.D.Sadiq Raja, learned Additional Government Pleader for the 1^st Respondent and Mr.J.Devanesan, learned counsel for the 2^nd Respondent, submitted that, as stated in paragraph 3 of the counter affidavit, the 2^nd Respondent had published an advertisement in Notification No.1/2020 dated 05.06.2020 inviting applications to fill one vacancy for the post of Manager (MIS). He further submitted that the entire notification was cancelled by the 3rd Respondent due to complaints from various individuals, and an enquiry was subsequently conducted under Section 81 of the Co-operative Society Act. It was further submitted in paragraph 6 of the counter affidavit that the entire selection process for the post of Manager (MIS) has been entrusted to the Tamil Nadu Public Service Commission. Additionally, the direct recruitment procedure previously adopted by the 2^nd Respondent union has been discontinued in compliance with Government directions. Thus, it was submitted that the relief sought by the Petitioner cannot be granted, as the notification has already been cancelled, and the relief sought has become infructuous. Therefore, the Writ Petition lacks merit, and it is prayed that this Court dismiss the Writ Petition

3. Considering the submissions made by the learned Additional Government Pleader for the 1^st Respondent and learned counsel for the 2^nd Respondent and the averments in paragraphs 3 and 6 of the counter affidavit filed by the 2^nd Respondent, this Court is of the view that Advertisement Notification No.1/2020 dated 05.06.2020 has been cancelled. The entire selection process has been entrusted to the Tamil Nadu Public Service Commission and the direct recruitment procedure previously adopted by the 2^nd Respondent union has been discontinued in compliance with Government directions.

4. In view of the above, this Court finds that the relief sought in the present writ petition cannot be granted by this Court, as the entire selection process has been cancelled and fresh selection process has been entrusted to the Tamil Nadu Public Service Commission. Thus, this Court does not find any merit in the writ petition. Accordingly, the Writ Petition stands dismissed. Consequently, connected miscellaneous petitions are closed.

There shall be no order as to costs. The file is consigned to the record.