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IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.DHANDAPANI
I.Jainulabudeen – Appellant
Versus
Principal Secretary to Government – Respondent
| Table of Content |
|---|
| 1. request for writs regarding completion of probation (Para 1 , 2 , 3) |
| 2. arguments regarding employment practices and autonomy of wakf board (Para 4 , 5 , 6) |
| 3. importance of following legal procedures for appointments (Para 7 , 8 , 9) |
| 4. consequences of arbitrary decisions on long-serving employees (Para 10 , 11 , 12) |
| 5. final ruling against the impugned order (Para 13 , 14 , 15) |
ORDER :
W.P.No.21849 of 2025 has been filed seeking issuance of Writ of Certiorarified Mandamus calling for the records of the third respondent ending with Proc No.10773/E1/2006 dated 23.05.2025 and quash the same and consequently direct the third respondent to declare the completion of probation of petitioners and to disburse all the monetary and attendant benefits in light of the proceedings of the third respondent dated 26.07.2018 in Proc No.10773/ E1/2006-2.
3.W.P.No.19526 of 2025 has been filed seeking issuance of Writ of Certiorarified Mandamus, call for the records relating to the order passed by the second respondent vide his proceedings in Proc.No.10773/E1/2006 dated 23.05.2025 and quash the same as illegal and consequentially to declare the probation of the petitioners and disburse al
The court emphasized that employment practices must provide equal opportunity and cannot unjustly disrupt established employment after a substantial period.
The Chief Executive Officer of a Wakf must issue notifications for appointments made by the Wakf Board unless serious allegations of moral turpitude are present against individuals selected.
The petitioner lacked locus standi to challenge the nomination to the Waqf Board as he failed to demonstrate any legal grievance, and the nomination complied with the Waqf Act's provisions.
Appointments in public service must adhere to constitutional mandates and established procedures; failure to do so renders such appointments void.
The main legal point established in the judgment is the lack of clear guidelines for the appointment of Mutawalli, leading to biased and arbitrary decisions by the Wakf Board, and the intervention of....
The main legal point established in the judgment is that administrative instructions cannot override statutory rules, and the rejection of an appointment must be in accordance with the applicable rul....
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