C.Suresh v. The Commissioner, Adi Dravidar Welfare, Chennai and others), in which, the very s

W.P.(MD)No.5735 of 2021BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED: 02.07.2025CORAM:THE HONOURABLE MR.JUSTICE SHAMIM AHMEDW.P.(MD)No. 5735 of 2021andW.M.P.(MD)Nos.4520, 4521 and 4522 of 2021K.Mariammal,D/o.Late.Mr.Kanthan,318, Colony 1st Street,Achampatti,Pudukudi Panchayat,Kadayanallur Taluk,Tenkasi District....Petitioner Vs1.The State of Tamil Nadu, Represented by its Secretary to Government, Adi Dravidar and Tribal Welfare Department, Secretariat, Chennai.2.The Commissioner of Adi Dravidar, O/o. Adi Dravidar Welfare Department, Chepauk, Chennai.3.The District Adi-Dravidar and Tribal Welfare Officer, O/o.Adi Dravidar and Tribal Welfare Department, Tirunelveli, Tirunelveli District.1/12 https://www.mhc.tn.gov.in/judis W.P.(MD)No.5735 of 20214.M.Santhanaraj, S/o.Mariyappan, Periyar Nagar, Keelathenkalam, Sankar Nagar, Tirunelveli District.5.S.Velayutham, S/o.Subramanian, Rajendran Nagar, Palayamkottai, Tirunelveli District.6.C.Mariyappan, S/o.Chinnaudaiyar, North Alagu Nathicyapuram, Palankottai, Thiruvengadam, Tenkasi District.7.M.Murugeswari, W/o.Marimuthu, 16A, Ulagammankovil North Street, Thatchanallur, Tirunelveli District.8.S.Sudalai Manikandan, S/o.Selvaraj, 454/204, J.Satiya Street, K.C.Road, Melur, Senkottai, Tenkasi District.2/12 https://www.mhc.tn.gov.in/judis W.P.(MD)No.5735 of 20219.N.Iyappan Nainar, S/o.Nehru, 1A, Paranar Street, Murugankurichi, Palayamkottai, Tirunelveli District.10.C.Amutha, W/o.Lakshmanan, 5/232, Middle Street, Ponnagaram, Kulasekaranmangalam, Sankarankoil Taluk, Tirunelveli District.11.B.Navaneethakrishnan, S/o.Balusamy, 3/1U, First Street, Rajendra Nagar, Palayamkottai, Tirunelveli District.12.R.Aruna, W/o. Janakiram Prasath, 13, Sukkannagar 5th Street, Sankarankoil, Tenkasi District.13.K.Chandran, S/o.Komban, 3/91 North Street, Yadavar Kudiyiruppu, Udhayathur, Tirunelveli District....Respondents3/12 https://www.mhc.tn.gov.in/judis W.P.(MD)No.5735 of 2021Prayer:- Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari and Mandamus, calling for the records relating to the impugned order passed by the third respondent in his proceedings in Na.Ka.No.A4/13433/2020 dated 25.02.2021 and quash the same as illegal and consequentially to direct the respondents to proceed with the recruitment process of Cook in conformity with Article 14 and 16 of the Constitution of India and consider the petitioner's candidature in accordance with law.For Petitioner : Ms.Affrin Fathima For M/s.Ajmal AssociatesFor R-1 to R-3: Mr.D.Sadiq Raja Additional Government PleaderORDER1.Heard Ms.Affrin Fathima, learned counsel, for M/s.Ajmal Associates, appearing for the Petitioner and Mr.D.Sadiq Raja, learned Additional Government Pleader appearing for the Respondents 1 to 3.2.This Writ Petition has been filed under the Article 226 of the Constitution of India, to issue a Writ of Certiorari and Mandamus, to quash the impugned order passed by the third respondent in his proceedings in Na.Ka.No.A4/13433/2020 dated 25.02.2021 and 4/12 https://www.mhc.tn.gov.in/judis W.P.(MD)No.5735 of 2021consequentially to direct the respondents to proceed with the recruitment process of Cook in conformity with Article 14 and 16 of the Constitution of India and consider the petitioner's candidature in accordance with law.3.The facts of the case, as set out in the affidavit filed in support of this Writ Petition, in a nut shell, led to filing of this Writ Petition and necessary for disposal of the same, are as follows:-(a)The petitioner challenges the appointment to the post of Cook in schools/hostels functioning under the control of the Adi Dravidar and Tribal Welfare Department. The petitioner, who has completed 6th standard, was registered with the District Employment Office at Tirunelveli. The 3rd Respondent invited applications from eligible candidates for the post of Cook through the Employment Exchange and by way of newspaper advertisement. The petitioner applied for the post and appeared for the interview on 09.02.2021. However, when the 3rd Respondent issued the impugned proceedings dated 25.02.2021, selecting 39 candidates (the private respondents herein) for appointment as Cooks, the petitioner's name was not included in 5/12 https://www.mhc.tn.gov.in/judis W.P.(MD)No.5735 of 2021the list. Aggrieved by the non-selection, the petitioner has filed the present Writ Petition, alleging that the selection process was not conducted properly by the respondents.4.When the matter was taken up on 26.06.2025, this Court passed the following order: “Mr.D.Sadiq Raja, learned Additional Government Pleader for the respondents 1 to 3 submits that in an identical issue, this Court, vide judgment and order dated 19.03.2025, had dismissed the writ petition bearing W.P.(MD) No.10907 of 2021 (C.Suresh Vs. The Commissioner, Adi Dravidar Welfare, Chennai and others), in which, the very same proceedings in Na.Ka.No.A4/13433/2020, dated 25.02.2021, which was challenged in the present writ petition also, issued by the third respondent herein/the District Adi Dravidar and Tribal Welfare Officer, Tirunelveli, has been challenged. Thus, it was submitted that the present Writ Petition may also be dismissed. 2.Relevant portion of the judgment and order made in W.P.(MD) No.10907 of 2021, dated 6/12 https://www.mhc.tn.gov.in/judis W.P.(MD)No.5735 of 202119.03.2025, is extracted herein below:- “5.After considering the arguments, as advanced by the learned Counsel for the parties and after perusal of the averments made in the Writ Petition as well as in the counter affidavit filed by the second respondent, this Court is satisfied that the petitioner does not qualify the minimum criteria for the appointment in the post of Cook and the Selection Committee, who conducted the interview on 02.02.2021 and found the suitable candidates, those who are 39 in number and selected them. Thus, the grounds taken in the Writ Petition do not attract this Court for any interference. Accordingly, the Writ Petition lacks merits and the Writ Petition is dismissed. No order as to costs. Consequently, connected miscellaneous petition is closed” 3.A copy of the judgment and order made in W.P.(MD) No.10907 of 2021, dated 19.03.2025 has been produced before this Court, which is now taken on record and a copy of the same has also been given to the learned counsel for the petitioner. 4.Ms.Afrin Fathima for M/S.Ajmal Associates appearing for the petitioner prays to grant 2 days time to go through the judgment and order made in W.P.(MD)No.10907 of 2021, dated 19.03.2025.7/12 https://www.mhc.tn.gov.in/judis W.P.(MD)No.5735 of 2021 5.The learned Additional Government Pleader for the Respondents has no objection to the prayer made by the learned counsel for the Petitioner. 6.Accordingly, as prayed for by the learned counsel for the Petitioner, three days time is granted to go through the judgment and order made in W.P.(MD) No. 10907 of 2021, dated 19.03.2025. 7.Put up this case ‘for further orders’ on 02.07.2025 before the appropriate Bench.”5.Today, when the matter is taken up, Mr.D.Sadiq Raja, learned Additional Government Pleader, submits that appointment orders were issued to the selected candidates based on their merit and purely in accordance with the decision of the Selection Committee. He states that the entire selection process for the post of Cook was conducted based on merit, eligibility and suitable candidates were given appointment orders. It is further stated that the petitioner does not meet the selection criteria as per the norms and standards fixed by the Selection Committee. Therefore, the petitioner's name was not included in the list of selected candidates, and the petitioner's claim is unjustified. Accordingly, he prays this Court to dismiss the writ 8/12 https://www.mhc.tn.gov.in/judis W.P.(MD)No.5735 of 2021petition in light of the judgments and orders passed by this Court in W.P.(MD)No.10907 of 2021 dated 19.03.2025 and W.P.(MD)No.10912 of 2021 dated 19.03.2025.6.Ms.Affrin Fathima, learned counsel for M/s.Ajmal Associates, appearing for the petitioner, concurs with the submissions made by the learned Additional Government Pleader and submits that the facts of the case are fully covered by the identical judgments and orders passed by this Court in W.P.(MD)No.10907 of 2021 dated 19.03.2025 and W.P.(MD)No.10912 of 2021 dated 19.03.2025. A copy of the said judgment has been produced before this Court and taken on record.7.After considering the submissions made by the learned counsel for both parties and perusing the records, including the identical judgments and orders passed by this Court in W.P.(MD)No.10907 of 2021 dated 19.03.2025 and W.P.(MD)No.10912 of 2021 dated 19.03.2025 and after considering the case of the Petitioner and the 9/12 https://www.mhc.tn.gov.in/judis W.P.(MD)No.5735 of 2021averments made in the Writ Petition and after perusal of the counter affidavit, it transpires to this Court that the appointment orders were issued to the selected candidates based on their merit and in accordance with the decision of the Selection Committee. The entire selection process for the post of Cook was conducted based on merit and eligibility, and suitable candidates were given appointment orders. It is observed that the petitioner does not meet the selection criteria as per the norms and standards fixed by the Selection Committee. Consequently, the petitioner's name was not included in the list of selected candidates, and the petitioner's claim is therefore unjustified.8.Accordingly, in view of the submissions made by the learned counsel for the Petitioner and the learned Additional Government Pleader for the Respondents, and in light of the judgments and orders passed by this Court in W.P.(MD)No.10907 of 2021 dated 19.03.2025 and W.P.(MD)No.10912 of 2021 dated 19.03.2025, this Writ Petition is dismissed. 10/12 https://www.mhc.tn.gov.in/judis W.P.(MD)No.5735 of 2021Consequently, the connected miscellaneous petitions are closed. There shall be no order as to costs.02.07.2025Index:Yes/No Web:Yes/No Speaking/Non SpeakingNsr To:1.The Secretary to Government, The State of Tamil Nadu, Adi Dravidar and Tribal Welfare Department, Secretariat, Chennai.2.The Commissioner of Adi Dravidar, O/o. Adi Dravidar Welfare Department, Chepauk, Chennai.3.The District Adi-Dravidar and Tribal Welfare Officer, O/o.Adi Dravidar and Tribal Welfare Department, Tirunelveli, Tirunelveli District.11/12 https://www.mhc.tn.gov.in/judis W.P.(MD)No.5735 of 2021SHAMIM AHMED , J. NsrW.P.(MD)No.5735 of 202102.07.202512/12