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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
ABDUL QUDDHOSE, J.
Gayathri - Petitioner
Versus
The Additional Director of Survey, Survey and Land Records Department, Chennai & Ors. - Respondents
W.P.(MD) No. 5582 of 2017 and W.M.P.(MD) No. 4476 of 2017
Decided On : 06-08-2024
WRIT PETITION - DEPARTMENTAL EXAMINATION - The court dismissed the writ petition as infructuous after noting that the petitioner had already been allowed to participate in the examination and was included in the promotion panel for the post of Deputy Inspector of Survey, thus rendering further adjudication unnecessary.
Fact of the Case:
The petitioner challenged an order rejecting her application to write a departmental exam necessary for promotion to Deputy Inspector of Survey.
Finding of the Court:
The court noted that the petitioner was allowed to write the examination due to an interim order and was subsequently included in the promotion panel, affirming the first respondent's statement regarding her promotion.
Issues: Whether the rejection of the petitioner's application to write the departmental exam was valid given her subsequent inclusion in the promotion panel.
Ratio Decidendi: The court determined that since the petitioner had already been granted the opportunity to participate in the examination and was included in the promotion list, the matter was rendered moot.
Result: The writ petition was dismissed as infructuous, with no order as to costs.
ORDER :
Abdul Quddhose, J.
[PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order of the second respondent made in Na.Ka.No.A2/3275/2016 dated 09.01.2017 and quash the same and consequently direct the respondents to permit the petitioner to participate in the practical examination conducted by the respondents before the crucial date of 25.04.2017 for enabling the petitioner for promotion to the post of Deputy Inspector of Survey.]
The petitioner has challenged the impugned order passed by the second respondent, rejecting her application to write the departmental exam.
2. It is submitted by the learned Counsel appearing for the petitioner that pursuant to an interim order granted by this Court during the pendency of this writ petition, the petitioner was allowed to write the examination and thereafter, she was also included at Sl.No.159 in the panel for the post of Deputy Inspector of Survey and land Records for the year 2017-2018 by the proceedings of the respondents dated 19.07.2017. The same is also affirmed in paragraph No.5 of the counter affidavit filed by the first respondent. In the very same counter affidavit, in paragraph No.5, the first respondent has also stated that the petitioner would be promoted as Deputy Inspector of Survey and land Records as per the seniority in the above panel. In view of the said fact, nothing survives for further adjudication in the present writ petition.
3. Recording the aforementioned statement made by the first respondent in the counter affidavit, this Writ Petition is dismissed as infructuous. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.
A writ petition can be dismissed as infructuous when the issues raised have been resolved or rendered moot by subsequent events.
A writ petition can be rendered moot if the relief sought is subsequently granted through administrative action.
A writ petition under Article 226 becomes infructuous when the relief sought has already been granted, negating the need for judicial intervention.
The Court cannot modify or relax the terms and conditions of the instructions in an examination notification of the Tamil Nadu Public Service Commission, as established by the precedent set by the Ho....
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