1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.10.2011 CORAM: THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD).No.7377 of 2011 and M.P.(MD)Nos.1 and 2 of 2011 P.Senthil Kumar : Petitioner Vs. 1.The Secretary to Government of Tamil Nadu, Rural Development and Panchayat Development, St. George Fort, Chennai. 2.The Project Director, Vazhndhu Kattuvom State Society, 91, Saint Mary's Road, Abiramapuram, Chennai - 18. 3.The District Project Manager, Vazhndhu Kattuvom District Society, Madurai, Madurai District. : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records relating to the notification dated 26.06.2011 calling for the applications for the post of Co-ordinator (Social Co-ordination) on the file of the second respondent and quash the same and further directing the respondents to appoint the petitioner in the post of Co-ordinator (Social Co-ordination) in Vazhndhu Kattuvom Project. For Petitioner : M/s.G.Prabhu Rajadurai For Respondents 1&2 : Mr.M.Alagathevan Special Government Pleader For Respondent 3 : Mr.B.Pugalenthi ORDER ****** The petitioner has come to this Court by filing the present writ petition seeking for the issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the notification dated 26.06.2011 calling for the applications for the post of Co-ordinator (Social Co- ordination) on the file of the second respondent and quash the same and further directing the respondents to appoint the petitioner in the post of Co-ordinator (Social Co-ordination) in Vazhndhu Kattuvom Project. 2. The learned Counsel appearing for the petitioner submits that the petitioner is holding Bachelor degree in History and Diploma in Co- operation and with these qualifications, he has registered his name in the District Employment Exchange, Madurai. While so, the Tamil Nadu Government have sponsored a project viz., Vazhndhu Kattuvom Project with the help of World Bank for the alleviation of poverty and for the https://hcservices.ecourts.gov.in/hcservices/ 2 development of human resources in the villages and identified 16 districts for the implementation of the said project. The second respondent being the Project Director, in the month of November, 2010, through their Human Resources Agency viz., Srijan ITS, called for applications for various posts in the said project under contractual basis. As the petitioner has possessed the required qualification eligible for three posts viz., Group Leader, Co-ordinator (Social Co- ordination) and Co-ordinator (Business Development), he applied for the above said posts and he was issued with hall ticket to appear for written examination for the post of Co-ordinator (Social Co-ordinator). On receipt of the said hall ticket, he has also appeared for the written examination in the premises of the Gandhigram Rural Institute, Gandhigram and after passing the written examination, he was allowed to attend the interview on the very same day afternoon. Subsequently, he was also telephonically informed by the respondents that he has been selected for appointment and thereupon, he was asked to mention the place of working. In response to the said suggestion, he has given his option to work in Madurai District. Subsequently, there was no communication from the respondents. 3. After waiting for a long time, the petitioner has sought for information from the respondents under Right to Information Act regarding his selection by putting four questions. One of the questions was relating to the issue whether the petitioner has been selected and his name has been shown in the selection list. The answer given to the question number four says that the selected candidates would be issued with appointment order only on the basis of the marks secured by the selected candidates by complying the rule of reservation. Though the said communication was issued to the petitioner on 16.07.2011, till date he has not received any further communication from the respondents. In the meanwhile, the respondents have issued fresh notification on 26.06.2011 calling for applications for the same posts mentioned in the previous notification. Aggrieved by the same, the petitioner has come to this Court with the above prayer. 4. The learned Counsel appearing for the petitioner, after recounting the brief facts, would submit that when the petitioner has already been selected and the same was admitted by the respondents in the information given on 16.07.2011, till date they have not either informed the petitioner that he is fit for the said post or he will be considered for any posts on the basis of the answer given to the question No.4 under RTI Act. 5. A detailed counter affidavit has been filed by the second respondent. In paragraph 8 thereof shows that the petitioner's representation received by the respondent on 29.06.2011 is under active consideration by the respondents. But, before the respondents taking a decision, the petitioner has wrongly approached this Court is the only stand taken by the respondents in the counter. When the respondents have taken the stand that as the petitioner has been selected and the selection list is under active consideration, it is appropriate on the part of the second respondent/Project Director, Vazhndhu Kattuvom Project, to consider and appoint the petitioner in any one of the districts and not necessarily that he should be accommodated in Madurai District alone. This order is required to be passed for the simple reason https://hcservices.ecourts.gov.in/hcservices/ 3 that in the counter affidavit, the second respondent has taken a stand that while giving appointment order to the selected candidates in the selection list, the petitioner was found excess to be appointed in any one of the places for which he was called for the written examination and for interview etc. 6. In view of the above said circumstances, when the respondents have issued fresh notification dated 26.06.2011, this Court without resorting to disturb the said notification, directs the second respondent to consider the petitioner to be appointed in any one of the vacancies within a period of six weeks from the date of receipt of a copy of this order. With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (RTI) /True Copy/ Sub Assistant Registrar To 1.The Secretary to Government of Tamil Nadu, Rural Development and Panchayat Development, St. George Fort, Chennai. 2.The Project Director, Vazhndhu Kattuvom State Society, 91, Saint Mary's Road, Abiramapuram, Chennai - 18. 3.The District Project Manager, Vazhndhu Kattuvom District Society, Madurai, Madurai District. + 1 cc to Mr.Alagathevan, Advocate, SR No.27206 Order made in W.P.(MD).No.7377 of 2011 29.10.2011 srm RJ/29.11.11 3p/5c https://hcservices.ecourts.gov.in/hcservices/