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Madras High CourtWP/9390/2023disposed of

Indulekha.K v. Union Territory Of Puducherry

2023-04-03Honourable Mr Justice R. Mahadevan,Honourable Mr Justice Mohammed Shaffiq6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 03.04.2023

CORAM

THE HONOURABLE Mr.JUSTICE R.MAHADEVAN AND THE HONOURABLE Mr.JUSTICE MOHAMMED SHAFFIQ and W.M.P.Nos.9482 & 9483 of 2023 Indulekha. K .. Petitioner Vs.

1.Union Territory of Puducherry represented by its Chief Secretary, Secretariat, Goubert Avenue, Beach Road, White Town, Puducherry - 605 001.

2.The Registrar General, High Court of Madras, Chennai - 600 104.

3.The Registrar Recruitment, High Court of Madras, Chennai - 600 104.

.. Respondents 1/6

Petition filed under Article 226 of the Constitution of India, praying to issue a WRIT OF CERTIORARIFIED MANDAMUS calling for the records of the second respondent in his proceedings Notification No.34/2023 dated 01.03.2023 and quash the same insofar as imposing the conditions of "Fresh Law Graduates must have been born not earlier than 02.07.1996 and not later than 01.07.2001" and "Fresh Law graduates are those who have obtained the Degree of Law within a period of three years prior to the date of notification" as illegal and consequently direct the respondents to consider the case of the petitioner as Fresh Law Graduate in the backdrop of non notification for recruitment from 2014 and noninclusion of COVID-19 pandemic situation period while computing the upper age limit in the present notification by respondents 2 and 3. For Petitioner : Mr.E.V.Chandru For R1 : Mr.S.Raveekumar For R2 : Mr.B.Vijay

O R D E R

[Order of the Court was made by R.MAHADEVAN, J.] The writ petition has been filed by the petitioner seeking to call for the records of the second respondent in his proceedings in Notification 2/6

No.34/2023 dated 01.03.2023 and quash the same insofar as imposing the conditions of "Fresh Law Graduates must have been born not earlier than 02.07.1996 and not later than 01.07.2001" and "Fresh Law graduates are those who have obtained the Degree of Law within a period of three years prior to the date of notification" and consequently direct the respondents to consider the case of the petitioner as Fresh Law Graduate in the backdrop of non notification for recruitment from 2014 and non-inclusion of COVID-19 pandemic situation period, while computing the upper age limit in the present notification by the respondents 2 and 3. 2.

When the matter was taken up for consideration, the learned counsel appearing for the second and third respondents, submitted that subsequent to the filing of this writ petition, G.O.Ms.No.11/LD-2023, Law Department, dated 31.03.2023, came to be passed, granting relaxation of upper age limit by two years over and above the upper age limit prescribed in the Puducherry Judicial Service (Cadre and Recruitment) Rules, 2008 for the ensuing Examinations in respect of the posts of District Judge and Civil Judge, Puducherry as a onetime measure. The learned counsel further 3/6

submitted that the last date for submitting the applications through online had already been expired on 01.04.2023, but the same is likely to be extended by two weeks.

3.

In view of the above, this Court is of the opinion that the prayer sought by the petitioner has already been met with and hence, no further orders need be passed herein.

4.

At this stage, the learned counsel for the petitioner sought permission of this Court to withdraw this writ petition and also made an endorsement in the Court bundle to that effect. 5.

Recording the same, permission is granted and this writ petition is dismissed as withdrawn. No costs. Connected W.M.Ps. are closed. [R.M.D., J.] [M.S.Q., J.] 03.04.2023 nsd Index: Yes / No Speaking Order / Non-speaking Order 4/6

To 1.The Chief Secretary, Secretariat, Goubert Avenue, Beach Road, White Town, Puducherry - 605 001.

2.The Registrar General, High Court of Madras, Chennai - 600 104.

3.The Registrar Recruitment, High Court of Madras, Chennai - 600 104.

5/6

R.MAHADEVAN, J.

AND MOHAMMED SHAFFIQ, J.

nsd 03.04.2023 6/6