Madras High Court rejects plea seeking preference in village asst post

Chennai: Noting that no writ in the nature of recommendation can never be issued by the high courts, Madras High Court has dismissed a petition, which sought a direction to the authorities to consider the representation of the petitioner and give preference to him in the appointment of village assistant.

Dismissing the petition filed by D. Manikandan, Justice S.M. Subramaniam said, “Under these circumstances, the state as a model employer is duty bound to provide equal opportunity in its real sense and there can never be any discrimination. All recruitment process are to be conducted as per the rules and by following the rules of reservation as applicable. This being the legal principle to be followed by the appointment authorities or the competent authorities, this court is of an opinion that the relief as such sought for in this petition cannot be granted”.

Appointment can never be claimed as a matter of right. All public appointments are to be made only by following recruitment rules in force. Equal opportunity in public employment was a constitutional mandate and there cannot be any discrimination by the competent authorities. Thus, the constitutional perspectives require that the authorities act in a fair and reasonable manner, so as to complete the selection in accordance with the constitutional mandates, the judge added.

This court was of an opinion that the equality clause, as enshrined in the Constitution in respect of providing equal opportunity to all the eligible candidates, who were aspiring for public employments, was to be followed scrupulously. “There cannot be any violation of recruitment rules in respect of appointments in public service. Lakhs of youths of our great nation were burning through mid-night lamps for securing public employment by putting their hard effort,” the judge added.