BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.12.2022 CORAM THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.(MD)Nos.27200 of 2019 and 3037 of 2020 and W.M.P.(MD).Nos.23503 of 2019 and 2565 of 2020 T.Kodeeswaran ... Petitioner in W.P.(MD).No.27200 of 2019 B.Natarajan ... Petitioner in W.P.(MD).No.3037 of 2020 vs.
1.The Government of Tamil Nadu represented by its Chief Secretary, Fort St. George, Chennai 600 009.
2.The Secretary, Department of Revenue, Fort St. George, Chennai 600 009.
3.The Secretary, Tamil Nadu Public Service Commission, TNPSC Road, VOC Nagar, Park Town, Chennai 600 003.
... Respondents in both W.Ps.
PRAYER in W.P.(MD)No.27200 of 2019: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, forbearing the respondents from selecting/appointing the candidates through Combined Civil Services Examination - 4 (Group IV) for the year 2018 - 19 dated 14.06.2019 against the vacancies that arose in view of the non joining/ resignation of the candidates selected and appointed in Combined Civil Services Examination - 4 (Group IV) for the year 2015-16, 2016-17 and 2017-18 vide in Notification No.23/2017. PRAYER in W.P.(MD)No.3037 of 2019: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, forbearing the respondents from selecting/appointing the candidates through Combined Civil Services Examination - 4 (Group IV) for the year 2018 - 19 dated 14.06.2019 against the vacancies that arose in view of the non joining/ resignation of the candidates selected and appointed in Combined Civil Services Examination - 4 (Group IV) for the year 2015-16, 2016-17 and 2017-18 vide in Notification No.23/2017, by virtue of the Notification No.7 of 2020, dated 07.02.2020 on the file of the 3rd respondent.
For Petitioners : Mr.G.Prabhu Rajadurai For R1 & R2 : Mr.C.Satheesh Government Advocate For R3 : Mr.V.Paneer Selvam Standing counsel
C O M M O N O R D E R
These Writ Petitions have been filed for issuance of a Writ of Mandamus, forbearing the respondents from selecting/appointing the candidates through Combined Civil Services Examination - 4 (Group IV) for the year 2018 – 19, dated 14.06.2019, against the vacancies that arose in view of the non joining/ resignation of the candidates selected and appointed in Combined Civil Services Examination - 4 (Group IV) for the year 2015-16, 2016-17 and 2017-18 vide Notification No.23/2017, by virtue of the Notification No.7 of 2020, dated 07.02.2020 on the file of the 3rd respondent.
2. The learned counsel appearing for the petitioners would submit that the petitioners were participated in the selection process for a combined Civil Services Examination 4 (Group IV) for the years 2015 – 16, 2016 – 17 and 2017 – 18. Thereafter, the third respondent assured that the petitioners would be accommodated in the vacancies if arise. Subsequently, for the year 2018 – 19, a fresh Notification was issued for combined Civil Services Examination 4 (Group IV). He would further submit that without filling up the reserve category, which was arose in the earlier notification, issuing fresh notification is not sustainable.
Hence, he prayed for allowing these writ petitions.
3. The learned Standing counsel appearing for the third respondent would submit that these writ petitions have been filed for issuance of a writ of Mandamus, forbearing the respondents from selecting/appointing the candidates through Combined Civil Services Examination - 4 (Group IV) for the year 2018 – 19, dated 14.06.2019. However, in the absence of interim order, the selection process already over and the candidates were selected for appointing in the respective posts. Hence, the prayer sought for by the petitioner has become infructious and he prayed for dismissal.
4. Heard the learned counsel for the petitioner, learned Government Advocate appearing for the respondents 1 and 2 and the learned Standing counsel appearing for the third respondent.
5. As rightly pointed out by the learned counsel for the petitioners that the petitioners have filed these writ petitions on the ground that they were participated in the selection process and without considering the reserve category, which was arose in the earlier notification, filling up the future vacancies is not sustainable. However, the fact remains that in the absence of interim order, the entire selection process over and all the candidates were selected for appointing in the respective posts. Hence, the prayer sought for by the petitioners cannot be granted and these writ petitions are dismissed. No costs. Consequently, the connected Miscellaneous Petitions are closed.
12.12.2022 Index:Yes/No Internet:Yes/No akv To
1.The Government of Tamil Nadu represented by its Chief Secretary, Fort St. George, Chennai 600 009.
2.The Secretary, Department of Revenue, Fort St. George, Chennai 600 009.
3.The Secretary, Tamil Nadu Public Service Commission, TNPSC Road, VOC Nagar, Park Town, Chennai 600 003.
M.DHANDAPANI,J.
akv W.P.(MD)Nos.27200 of 2019 and 3037 of 2020
13.12.2022
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.