UMA. S Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The relief sought for in the present writ petition is for a direction to the respondents to consider the petitioners for appointment to the post of Computer Instructors with the qualifications prescribed during the Special Test 2006 - 07 by the Respondent Teachers Recruitment Board with the additional qualification of B.Ed., degree considering the similarly placed persons who were appointed to the post of Computer Instructors.

(2.) Appointment can never be claimed as a matter of legal right. All appointments should be made strictly in accordance with the recruitment Rules in force. Equal opportunity is a constitutional mandate. Opportunity to participate in the process of selection is a Constitutional right of every eligible citizen of this great nation. Thus, the equality enunciated in the Constitution should be followed scrupulously by the authorities while undertaking the process of selection to the public post. This being the legal principles to be followed, a direction as such sought for cannot be granted.

(3.) All appointments should be made strictly in accordance with the terms and conditions and in accordance with the service Rules in force. If at all any person was appointed illegally in violation of the service rules, the petitioners are at liberty to challenge such appointments made contrary to the terms and conditions or the notification or the service rules in force. However, the relief of direction to grant appointments cannot be issued by this Court under Article 226 of the Constitution of India. This apart, the selection was completed during the year 2015 and now, after this length of time, the relief sought for deserves no merit consideration.