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Madras High CourtWP/5840/2024disposed of

Praveen Kumar v. The Principal Secretary To Government

2024-03-07Honourable Mr Justice G.K. Ilanthiraiyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.03.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN M.Praveen Kumar ... Petitioner -Vs1. The Principal Secretary to Government, Youth Welfare and Sports Development Department, Namakkal Kavignar Maaligai, Fort St.George, Chennai - 600 009.

2. The Secretary, Tamil Nadu Public Service Commission, TNPSC Road, V.O.C.Nagar, Park Town, Chennai - 6000003.

3. The Member Secretary, Sports Development Authority of Tamil Nadu, 116-A, Periyar EVR High Road, Nehru Park, Chennai - 600 084.

4. The Directorate of Animal Husbandry and Veterinary Services, Integrated Animal Husbandry and Fisheries Department Office, Complex, Veterinary Hospital Compound, Nandanam, Chennai - 35.

... Respondents

Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus, directing the second respondent/TNPSC to implement the G.O.Ms.No.6, Youth Welfare and Sports Development (S1) Department, dated 20.02.2019, to fill up the 3% sports quota in the notification No.34/2022 dated 18.11.2022 and consider the application of the petitioner under Sports category by considering of the petitioner's representation dated 16.02.2024. For Petitioner : Mr.R.Venkatesulu For R1, R3 and R4 : Mr.V.Veluchamy Additional Government Pleader For R2 : Mr.Abrar Mohamed Abdullah Standing Counsel

ORDER

This writ petition has been filed for direction directing the second respondent/TNPSC to implement the G.O.Ms.No.6, Youth Welfare and Sports Development (S1) Department, dated 20.02.2019, to fill up the 3% sports quota in the notification No.34/2022 dated 18.11.2022 and consider the application of the petitioner under Sports category by considering of the petitioner's representation dated 16.02.2024.

2. Heard the learned counsel on either side and perused the

materials available on record.

3. The petitioner herein has given a representation to the respondents on 16.02.2024, to provide separate reservation for sportsman in the direct recruitment of Veterinary Assistant Surgeon. Since the said representation has not been considered till date, the present Writ Petition has been filed.

4. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon them to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of Constitution of India and direct them to consider the same within a stipulated time.

5. In the light of the above observations, there shall be a direction

to the second respondent herein, to consider the petitioner's representation dated 16.02.2024, on its own merits and pass appropriate orders, in accordance with law, within a period of one week from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any of its views with regard to the merits of the claim of the petitioner and that it is open to the concerned respondent to consider the same on its own merits.

6. With the above directions, this writ petition is disposed of. There shall be no order as to costs.

07.03.2024 (2/2) Internet: Yes Index : Yes/No Speaking/Non Speaking order mn

To

1. The Principal Secretary to Government, Youth Welfare and Sports Development Department, Namakkal Kavignar Maaligai, Fort St.George, Chennai - 600 009.

2. The Secretary, Tamil Nadu Public Service Commission, TNPSC Road, V.O.C.Nagar, Park Town, Chennai - 6000003.

3. The Member Secretary, Sports Development Authority of Tamil Nadu, 116-A, Periyar EVR High Road, Nehru Park, Chennai - 600 084.

4. The Directorate of Animal Husbandry and Veterinary Services, Integrated Animal Husbandry and Fisheries Department Office, Complex, Veterinary Hospital Compound, Nandanam, Chennai - 35.

G.K.ILANTHIRAIYAN. J,

mn 07.03.2024