High CourtsDIVISION BENCH(2017) 06 MAD CK 0115

Vijaya Lakshmi vs The District Collector Dindigul District, & Ors.

Madras High Court · Decided on 6 June 2017

HON’BLE JUDGES
T.S.Sivagnanam, P.Velmurugan
RESULT
Dismissed
CASE NUMBER
915 of 2013 and M P (MD) No 1 of 2013

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Judgment

6 paragraphs · 317 words
1.

Heard Mr.T.R.Jeyapalam, learned counsel appearing for the appellant and Mr.V.R.Shanmuganathan, learned Special Government Pleader appearing for the respondents.

2.

This writ appeal is directed against the order, dated 24.07.2013 made in W.P.(MD).No.11823 of 2013, which was filed by the appellant to direct the third respondent - Panchayat to appoint her in the post of Sweeper in Nilakkottai Town Panchayat.

3.

The case of the petitioner is that though she appeared for interview before the third respondent as her name was sponsored by the Employment Exchange, she was not called for interview and kept waiting throughout the day. Subsequently, on the very next day, she sent a letter to the respondents stating that she had appeared before the third respondent for interview on 03.07.2013. Since there was no reply from the respondents, she approached this Court by filing the writ petition. The writ petition was dismissed on two grounds, namely, whether the appellant appeared for the interview or not is a question of fact and such a disputed factual aspect cannot be adjudicated in a writ petition. Secondly, the Writ Court found fault that sufficient number of candidates were not sponsored by the Employment Exchange.

4.

Insofar as the second reason assigned by the Writ Court is concerned, we are of the view that the appellant cannot be blamed for not sponsoring sufficient number of candidates by the Employment Exchange.

5.

Insofar as the first aspect is concerned, it may be true that it is a factual aspect, which cannot be adjudicated in a writ petition. However, we do not propose to go any further in this matter as by efflux of time the very adjudication of this appeal has become academic as some other candidates have already been appointed in the post of Sweeper in Nilakkottai Town Panchayat.

6.

For the above reasons, this writ appeal is dismissed. No costs. Consequently, connected miscellaneous petition is closed.