High CourtsSingle Bench

A. Mathavan vs The Commissioner of Employment and Training

Madras High Court · Decided on 17 June 2009 · Citation: (2009) 06 MAD CK 0071

HON’BLE JUDGES
M. Jaichandren, J
ACTS & SECTIONS REFERRED
Constitution of India, 1950 — Article 14, 16, 19
RESULT
Dismissed
CASE NUMBER
Writ Petition No. 375 of 2007 and O.A. No. 128 of 2001

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Judgment

14 paragraphs · 259 words

M. Jaichandren, J.—Heard the learned Counsel appearing for the petitioner and the learned Additional Government Pleader appearing for

the respondent.

2.

This writ petition has been filed to call for the records relating to the order of the respondent, dated 29.11.2000, made in Rc. No.

TP2/65230/2000, calling for the candidates from the employment exchange, based on State-wide seniority list. It has also been prayed that the

respondent may be directed to consider the name of the petitioner to be appointed in the post of Junior Training Officer, on the basis of the State-

wide Employment Exchange seniority.

3.

At this stage of the hearing of the writ petition, it has been brought to the notice of this Court that a Division Bench of this Court, in the decision

reported in Unemployed Secondary Grade Teachers Welfare Association v. The State of Tamil Nadu and Anr. 2008 W.L.R. 747, had held that

in view of the provisions contained under Article 14, 16 and 19 of the Constitution of India, no person can be denied equality of opportunity in

employment on the ground of residence alone. Hence, the recruitment of candidates based on State-wide seniority cannot be said to be invalid. In

the judgment reported in M. Ramesh Kumar v. Secretary to Govt. 2008 (8) MLJ 867, a learned Single Judge of this Court, had followed the

dictum laid down by the Division Bench.

4.

In such circumstances, this Court finds no reason to interfere with the impugned proceedings of the respondent, dated 29.11.2000. Hence, the

writ petition stands dismissed. No costs.