Madras High Court
S.Ranjithkumar vs The State Of Tamilnadu on 8 October, 2020
Author: Senthilkumar Ramamoorthy
Bench: A.P.Sahi, Senthilkumar Ramamoorthy
WA.No.947 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.10.2020
CORAM :
The Hon'ble Mr.A.P.SAHI, THE CHIEF JUSTICE
AND
The Hon'ble Mr.JUSTICE SENTHILKUMAR RAMAMOORTHY
W.A.No.947 of 2020
1.S.Ranjithkumar
2.E.Arasa Kumar
3.K.ThangaRoja
4.M.Saratha
5.S.Pynthamizhan
6.G.Anusuya
7.T.Bhuvaneshwari
8.N.Alaxender
9.R.Kaviyarasu
10.V.Gokulkrishnan .. Appellants
-vs-
1.The State of Tamilnadu,
Rep. by its Principal Secretary to Govt.,
Handlooms, Handicrafts Textiles
& Khadi Department, Secretariat,
Fort St. George, Chennai 600 009.
2.The Secretary to Government,
Department of Personnel and Administration,
Secretariat, Fort St. George,
Chennai 600 009.
3.The Commissioner,
Agricultural Department,
Secretariat, Fort St. George, Chennai 600 009.
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WA.No.947 of 2020
4.The Director,
Department of Sericulture,
Nethaji Nagar, Hasthampatty,
Salem-9.
5.The Vice Chancellor,
Tamilnadu Agricultural University,
Coimbatore, PIN 641 003.
6.The Registrar,
Tamilnadu Agricultural University,
Coimbatore, PIN 641 003. .. Respondents
Appeal filed under Clause 15 of the Letters Patent against the
order dated 18.09.2019 passed in W.P.No.27558 of 2019 on the file of
this Court.
For Appellants : Ms.R.Divya
JUDGMENT
(Delivered by The Hon'ble Chief Justice) Heard learned counsel for the appellants.
2.It is urged that the appellants want that the appointments which are proposed in the Department of Sericulture should be done with preferences to those who are possessed of special qualifications in Page 2 of 6 http://www.judis.nic.in WA.No.947 of 2020 Sericulture itself. It is, therefore, the submission that the general qualifications prescribed should be preceded in matters of appointment by giving preference to those who are possessed of the special qualifications of Sericulture, like the appellants, as is being done in the case of Forestry Apprentices in the Forest Department and other posts in the Agriculture Department.
3.Giving of a preference is the prerogative of the employer inasmuch as a preference is given when all other things are equal.
This, therefore, is within the discretion of the authority concerned and not for the Court to prescribe a preference to be followed in matters of public employment. Learned counsel for the appellants submits that the learned single Judge ought not to have dismissed the writ petition and a direction could have been issued for consideration of such preference.
4.The dismissal of the writ petition will not denude the State Government from considering any such preference being given and therefore, any observation made by the learned single Judge has no legal impediment in the consideration of such preference, which will be Page 3 of 6 http://www.judis.nic.in WA.No.947 of 2020 open for the State Government to consider in accordance with law.
We dispose of the appeal with the aforesaid observation. No costs.
(A.P.S., CJ.) (S.K.R., J.)
08.10.2020
Index : Yes/No
sra
To
1.The Principal Secretary to Govt. of Tamilnadu, Handlooms, Handicrafts Textiles & Khadi Department, Secretariat, Fort St. George, Chennai 600 009.
2.The Secretary to Government, Department of Personnel and Administration, Secretariat, Fort St. George, Chennai 600 009.
3.The Commissioner, Agricultural Department, Secretariat, Fort St. George, Chennai 600 009.
4.The Director, Department of Sericulture, Nethaji Nagar, Hasthampatty, Salem-9.
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5.The Vice Chancellor, Tamilnadu Agricultural University, Coimbatore, PIN 641 003.
6.The Registrar, Tamilnadu Agricultural University, Coimbatore, PIN 641 003.
Page 5 of 6http://www.judis.nic.in WA.No.947 of 2020 The Hon'ble Chief Justice and Senthilkumar Ramamoorthy, J.
(sra) W.A.No.947 of 2020 08.10.2020 Page 6 of 6 http://www.judis.nic.in