Madras High Court
Malaikuravan Nallaurimai Sangam vs The Director on 9 September, 2015
Bench: R.Sudhakar, V.M.Velumani
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 09.09.2015
CORAM
THE HONOURABLE MR.JUSTICE R.SUDHAKAR
AND
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
W.P.(MD)No.17417 of 2013
and
M.P(MD)No.1 of 2013
Malaikuravan Nallaurimai Sangam,
(Schedule Tribes),
72/93, North Malaiadipatti,
Malaikuravan Street,
Rajapalayam,
Virudhunagar District,
represented by its
Secretary,
K.Velu ... Petitioner
Vs.
1.The Director,
Tribals Welfare Department,
Chepauk,
Chennai - 25.
2.The Commissioner of Municipal Administration,
Chepauk,
Chennai - 9.
3.The District Collector,
Virudhunagar District,
Virudhunagar.
4.The Commissioner,
Rajapalayam Municipality,
Virudhunagar District.
5.The Employment Officer,
District Employment Exchange,
Virudhunagar District. ... Respondents
Petition filed under Article 226 of the Constitution of India praying
for issuance of a Writ of Mandamus to direct the fourth respondent to follow
the Rule of Reservation and Roster System in appointing for the vacant posts
and existing posts in the fourth respondent Municipality by selecting
candidates from the schedule tribes as per the list provided by the fifth
respondent for the suitable posts, for which, they are eligible, based on the
petitioner's representation dated 24.08.2013.
!For Petitioner : Mr.S.Karthik
For Respondents : Mr.C.Selvaraj,
Special Govt. Pleader for R.1 to R.3 & R.5
Mr.N.Dilipkumar for R.4
:ORDER
(Order of the Court was made by R.SUDHAKAR,J.) In the light of the decisions of the Honourable Supreme Court in Dr.Duryodhan Sahu v. Jitendra Kumar Mishrai reported in AIR 1999 SC 114 :
(1998) 7 SCC 273 and in Gurpal Singh v. State of Punjab reported in AIR 2005 SC 2755 : (2005) 5 SCC 136, we find that in service matters, public interest litigation cannot be filed and therefore, this writ petition is dismissed.
Consequently, the connected miscellaneous petition is dismissed. No costs.
To
1.The Director, Tribals Welfare Department, Chepauk, Chennai - 25.
2.The Commissioner of Municipal Administration, Chepauk, Chennai - 9.
3.The District Collector, Virudhunagar District, Virudhunagar.
4.The Commissioner, Rajapalayam Municipality, Virudhunagar District.
5.The Employment Officer, District Employment Exchange, Virudhunagar District. .