Dr.R.Raveendran v. Jawaharlal Institute Of
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :13.04.2018
CORAM
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.5690 of 2018 and W.M.P.Nos.7039 to 7041 of 2018 1.Dr.R.Raveendran 2.Dr.Gopal Krushna Pal 3.Dr.Ashok S Badhe 4.Dr.Abdoul Hamide 5.Dr.Surender Kumar 6.Dr.Sunil K Narayan All having office at Jawaharlal Institute of Postgraduate Medical Education & Research [JIPMER] ... Petitioner Vs.
1.Jawaharlal Institute of Postgraduate Medical Education & Represented by its Director 2.Dr.D.K.Patro Deputy Director (Administration) First Floor, Administration Block JIPMER, Dhanvantri Nagar 3.The Union of India Represented by its Secretary to Government
4.Dr.Subhash Chandra Parija Director 5.Dr.V.S.Negi Professor of Medicine 6.The Search-cum-Selection Committee Represented by its Chairman 7.The Screening Committee Represented by the Member-Secretary ... Respondents Prayer : Petitions filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorarified Mandamus, calling for the records of the 1st and 2nd respondents pertaining to the constitution of the 'Screening Committee' and list of candidates shortlisted for interview for the post of Director of the 1st respondent and the records of the 3rd respondent pertaining to the letter F.No.Z/16013/95/2017-INI.II dated 05.02.2018 and quash the same and consequently direct the 1st and 2nd respondents to call all the candidates satisfying the requirement of the notification dated 18.11.2017 including the petitioners herein for interview by considering publications in all indexing agencies.
For Petitioners : Mr.P.Wilson Senior Counsel For Mr.Richardson Wilson For Respondents : Mr.G.Rajagopalan, ASGI Asst. by Mr.P.Saravanan [For R3 & R6] Mr.Satish Parasaran, Senior Counsel For Mr.M.T.Arunan [For R1] Mr. Sathish Parasaran, Senior Counsel
for Mr.R.Parthasarathy [For R2] Mr. Sathish Parasaran, Senior Counsel for Mr.Prahalad Bhat [For R4] Mr.R.N.Amarnath [For R5]
O R D E R
The relief sought for in this writ petition is to call for the records of the 1st and 2nd respondents pertaining to the constitution of the 'Screening Committee' and list of candidates shortlisted for interview for the post of Director of the 1st respondent and the records of the 3rd respondent pertaining to the letter F.No.Z/16013/95/2017-INI.II dated 05.02.2018 and quash the same and consequently direct the 1st and 2nd respondents to call all the candidates satisfying the requirement of the notification dated 18.11.2017 including the petitioners herein for interview by considering publications in all indexing agencies.
2.The learned Additional Solicitor General of India, Mr.G.Rajagopalan, made a submission that the writ petition itself is not maintainable in view of the fact that the respondents organization is notified in the list of organizations brought within the purview of the Central Administrative Tribunal (CAT) under the provisions of the Tribunals Act and in serial No.203, the Jawaharlal Institute of Postgraduate Medical Education & Research [JIPMER], Puducherry is notified and therefore, the present writ petition cannot be entertained before this Court as jurisdiction of this court itself is ousted.
3.The learned counsel appearing on behalf of the fifth respondent, Mr.R.N.Amarnath, made a submission that the writ petitioners have erroneously filed the present writ petition and obtained an interim order and stalled the entire selection process and therefore, they shall not be permitted to enjoy the interim order erroneously obtained before this court. 4.However, the learned senior counsel appearing on behalf of the writ petitioner, Sri.P.Wilson, made a submission that the petitioners now preferred to file this case before the Central Administrative Tribunal for redressing their grievances. 5.May that it be, this court is of an opinion that on perusal of the list of organizations brought within the purview of the Central Administrative Tribunal, it is clear that the respondents are already notified under the provisions of the Tribunals Act and therefore, the present writ petition cannot be entertained by this court.
6.Accordingly, the permission sought for to withdraw this writ petition is granted. Hence, this writ petition stands dismissed as withdrawn. However, there is no order as to costs. Consequently, connected miscellaneous petitions are closed. s/d- Assistant Registrar(CS VI) True Copy Sub-Assistant Registrar maya To 1.The DirectorJawaharlal Institute of Postgraduate Medical Education & Research 2.Dr.D.K.Patro Deputy Director (Administration) First Floor, Administration Block JIPMER, Dhanvantri Nagar 3.The Secretary to Government Union of India 4.Dr.Subhash Chandra Parija Director 5.Dr.V.S.Negi Professor of Medicine
6.The Chairman Search-cum-Selection Committee 7.The Member-Secretary The Screening Committee +3 Ccs to Mr.T. Arunan, Advocate sr 27607.
+1 CC to Mr.R.N. Amarnath, Advocate sr 27558. +1 CC to Mr.P. Saravanan, Advocate sr 27552.
W.P.No.5690 of 2018.
KJI(CO) SP(03/05/2018)