M.Karthiselvam v. The Chairman/Sub Committee

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.02.2020 CORAM :

THE HON'BLE MR.A.P.SAHI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SUBRAMONIUM PRASAD M.Karthiselvam .. Applicant Vs The Chairman/Sub Committee Tamil Nadu Uniformed Services Recruitment Board Old Commissioner of Police Campus Pantheon Road, Egmore Chennai - 600 008.

.. Respondent PRAYER: Review Petition under Order 47 Rule 1 read with Section 114 of the Code of Civil Procedure to review the order dated 13.1.2020 passed in W.A.No.58 of 2020.

For Applicant : Mr.M.G.Ramachandran For Respondent : Mr.V.Kadhirvelu Spl. Government Pleader

JUDGMENT

(Delivered by The Hon'ble Chief Justice) Heard learned counsel for the applicant and the learned counsel for the State.

2. The applicant has come up contending that the judgment dated 13.1.2020 deserves to be recalled keeping in view the pronouncement of the Full Bench of this Court arising out of the same issue vide judgment dated 29.1.2020 in W.A.No.8 of 2020 and batch cases [A.Parthiban and others v. Tamil Nadu Uniformed Services Recruitment Board and others].

3. We have considered the submissions raised and we find that the justification for moving this review application is clearly made out both in law as well as in fact, in as much as the view taken by the Full Bench clearly applies on the facts of the case, which does not appear to have been considered by us while delivering the judgment dated 13.1.2020.

4. The review application is allowed and the judgment dated 13.1.2020 is recalled. The writ appeal stands disposed of on the same terms as the judgment of the Full Bench dated 29.1.2020. The impugned judgment of the learned Single Judge stands modified accordingly. The respondent State may proceed to assess the candidature of the appellant accordingly. No costs. (A.P.S., CJ.) (S.P., J.) 28.2.2020 Index : No sasi To:

The Chairman/Sub Committee Tamil Nadu Uniformed Services Recruitment Board Old Commissioner of Police Campus Pantheon Road, Egmore Chennai - 600 008.

THE HON'BLE CHIEF JUSTICE AND SUBRAMONIUM PRASAD,J.

(sasi) 28.02.2020