M.Radhakrishnan, Advocate v. State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.07.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU M.Radhakrishnan : Petitioner versus 1.State of Tamil Nadu rep. by the Additional Chief Secretary to Government Home Department (Courts-I) Secretariat, Chennai-09 2.High Court of Judicature at Madras rep. by the Registrar General High Court, Chennai-104 3.The Secretary Tamil Nadu Public Service Commission TNPSC Road VOC Nagar, Park Town, Chennai-03 : Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Declaration declaring that the amendment made to the Tamil Nadu State Judicial Service (Cadre and Recruitment) Rules, 2007 vide GO.Ms.No.11 Home (Courts I) 3 January 2014 and the consequential notification bearing Notification No.08/2018 dated 09.04.2018 issued by respondent no.3 - TNPSC, so far as it relates to clause 2(B)(II) are null and void. (Prayer amended vide order dated 02.03.2022 in WMP.27966/2021 in WP.9740/2018). For the Petitioner :

Mr.M.Radhakrishnan,

Party-in-person For the Respondents :

Mr.P.Muthukumar, State Government Pleader for the first respondent Mr.B.Vijay, for the second respondent Mr.V.Vaithiyalingam, for the third respondent

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) We have heard Mr.M.Radhakrishnan, party-in-person, Mr.P.Muthukumar, learned State Government Pleader, for the first respondent, Mr.B.Vijay, learned counsel for the second respondent and Mr.V.Vaithiyalingam, learned counsel for the third respondent.

2. The issue is about the eligibility of the candidates to appear immediately upon getting law degree, without being enrolled.

3. The issue whether the three years practice should be made mandatory, is pending consideration before the Apex court in WP (Civil) No.1022 of 1989 (All India Judges Association & Ors. vs. Union

of Indian & Ors). The Apex court is seized with the matter. Naturally, the decision given by the Apex Court would be the law of the land and it would bind all the stakeholders.

4. In light of that, propriety demands that we should not pass any order in the matter.

5. The Writ Petition as such is disposed of. There will be no order as to costs. Consequently, WMP Nos.11665 and 11666 of 2018 are closed.

(S.V.G., CJ.) (P.D.A., J.) 28.07.2023 Index : Yes/No : Yes/No tar To:

1.The Additional Chief Secretary to Government Home Department (Courts-I) Secretariat, Chennai-09 2.The Registrar General High Court, Chennai-104 3.The Secretary Tamil Nadu Public Service Commission VOC Nagar, Park Town, Chennai-03

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(tar) 28.07.2023