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2025 Supreme(Mad) 5013

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Shamim Ahmed, J.
D.Sathishkumar - Petitioner
Versus
The Principal Secretary to Government, Animal Husbandry, Dairying and Fisheries Department and ors. - Respondents
W.P.(MD) No.10967 of 2021 and W.M.P.(MD)Nos.8609 and 10075 of 2021
Decided On : 19-03-2025

Advocates Appeared:
For the Petitioner: Mr.P.Madhavan
For the Respondent: Mr.D.Sadiq Raja, Additional Government Pleader, Mr.J.Devanesan

Writ petitions cannot be granted for selection processes that have been cancelled, rendering the petitions infructuous.

Headnote:(A) Constitution of India - Article 226 - Writ Petition challenging the Employment Notification Advertisement No. 1 of 2020 for the post of Manager (MIS) - The petition sought to quash the selection process and direct re-examination by the 2nd Respondent - The selection process was cancelled due to complaints and an inquiry under Section 81 of the Co-operative Society Act, with the matter now under the Tamil Nadu Public Service Commission's jurisdiction. (Paras 1-4)

(B) Writ jurisdiction - The court found the writ petition lacks merit as the entire selection process was deemed infructuous, following a cancellation of the advertisement. (Paras 2-4)

Table of Content
1. challenge to employment notification and selection process (Para 1)
2. arguments regarding cancellation of notification (Para 2)
3. court's finding on the cancellation of selection process (Para 3)
4. conclusion and dismissal of writ petition (Para 4)

ORDER :

Shamim Ahmed, J.

This Writ Petition has been filed under Article 226 of the Constitution of India, seeking the issuance of a Writ of Certiorarified Mandamus, challenging the Employment Notification Advertisement No. 1 of 2020 dated 05.06.2020 (Ref. No. 3010/Pers-1/2020), on the file of the 2nd Respondent, insofar as it relates to the post of Manager (MIS) only, and all consequential actions that followed. The Petitioner seeks to quash the selection process concerning the post of Manager (MIS) and directs the 2nd Respondent to consider the Petitioner's Representation dated 22.01.2021 for re-examination, strictly in conformity with the prescribed procedure, in a transparent and fair manner.

2. When the matter was taken up for hearing, Mr.D.Sadiq Raja, learned Additional Government Pleader for the 1st Respondent and Mr.J.Devanesan, learned counsel for the 2nd Respondent, submitted that, as stated in paragraph 3 of the counter affidavit, the 2nd Respondent had published an advertisement in Notification No.1/2020 dated 05.06.2020 inviting applications to fill one vacancy for the post of Manager (MIS). He further submitted that the entire notification was cancelled by the 3rd Respondent due to complaints from various individuals, and an enquiry was subsequently conducted under Section 81 of the Co-operative Society Act. It was further submitted in paragraph 6 of the counter affidavit that the entire selection process for the post of Manager (MIS) has been entrusted to the Tamil Nadu Public Service Commission. Additionally, the direct recruitment procedure previously adopted by the 2nd Respondent union has been discontinued in compliance with Government directions. Thus, it was submitted that the relief sought by the Petitioner cannot be granted, as the notification has already been cancelled, and the relief sought has become infructuous. Therefore, the Writ Petition lacks merit, and it is prayed that this Court dismiss the Writ Petition

3. Considering the submissions made by the learned Additional Government Pleader for the 1st Respondent and learned counsel for the 2nd Respondent and the averments in paragraphs 3 and 6 of the counter affidavit filed by the 2nd Respondent, this Court is of the view that Advertisement Notification No.1/2020 dated 05.06.2020 has been cancelled. The entire selection process has been entrusted to the Tamil Nadu Public Service Commission and the direct recruitment procedure previously adopted by the 2nd Respondent union has been discontinued in compliance with Government directions.

4. In view of the above, this Court finds that the relief sought in the present writ petition cannot be granted by this Court, as the entire selection process has been cancelled and fresh selection process has been entrusted to the Tamil Nadu Public Service Commission. Thus, this Court does not find any merit in the writ petition. Accordingly, the Writ Petition stands dismissed. Consequently, connected miscellaneous petitions are closed.

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