D.Sivakumar v. The Principal Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.09.2018
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.Nos.33561 & 5204 of 2016 and W.M.P.Nos.28967, 4584, 4585, 4586 of 2016 D.Sivakumar ... Petitioner in W.P.No.33561 of 2016
1. D.Sivakumar
2. SC. Radhakrishnan
3. A.Kavitha
4. S.Senthil Pushpalatha
5. M.Natesan
6. R.Elango
7. A.Jayakumar
8. T.Shanmugavadivel
9. A.Chinnaraju 10.K.Mohanambal 11.P.Elumalai 12.P.Uma 13.D.Priyadev 14.R.Sivakumar 15.K.Sekar 16.S.Milee 17.A.Krishnakumar 18.C.Sujirampriya 19.N.Senthil 20.V.Ravikumar 21.C.Natarajan 22.P.Arumugam 23.G.Mohanaradha .. Petitioners in W.P.No.5204 of 2016 Vs
1. The Principal Secretary Higher Education Department Secretariat, Fort. St. George, Chennai - 600 009.
2. The Periyar University represented by The Registrar, Periyar University Salem - 636 011.
... Respondents in both Writ Petitions Prayer in W.P.No.33561 of 2016: Writ Petitions filed under Article 226 of the Constitution of India, seeking for an issuance of Writ of Mandamus, forbearing the respondents herein from further continuing the impugned selection process pursuant to the notification dated 14.07.2016 in advertisement No. DIPR. 689 to 691/Display/2016 of the 2nd respondent herein as published in Daily Thanthi without considering the case of the Petitioner for regularization of their service pursuant to
the resolution of the Syndicate of the 2nd respondent herein dated 08.11.2008 (Special) and 23.04.2013 (77th meeting). Prayer in W.P.No.5204 of 2016: Writ Petitions filed under Article 226 of the Constitution of India, seeking for an issuance of Writ of Certiorarified Mandamus, to call for the records relating to the impugned notification dated 12.01.2016 in advertisement No. PU/R6/2016/01 to 17 of the 2nd respondent herein as published in "Daily Thanthi" issue dated 12.01.2016 and quash the same and further directing the respondents herein to implement the resolution of the Syndicate of the 2nd respondent herein dated 08.11.2008 (Special) and 23.04.2013 (77th meeting) and absorb the petitioners herein as per the annexure drawn by the Expert and Establishment Committee dated 09.04.2013.
For Petitioners in : Mr.M.Sekar (both Writ Petitions) For Respondents in : Mr.K.Karthikeyan, (For R1) (both Writ Petitions) Government Advocate Mr.P.Godson Swaminath, (For R2) (both Writ Petitions) C O M M O N O R D E R The learned counsel for the petitioner has sought for the permission of this Court to withdraw the Writ Petition.
2. In view of the submissions made by the learned counsel for the petitioners are permitted to withdraw the Writ Petition. However, it is made clear that the respondents shall issue a fresh notification for conducting the selection process for recruitment strictly in accordance with the rules. In view of the withdrawal of the Writ Petitions, the respondent University is directed to proceed with the recruitment process by issuing a fresh notification and by providing equal opportunity to all the eligible candidates, who all are aspire to secure public employment in accordance with the procedures as contemplated and as per the statutes.
3. Accordingly, both the Writ Petitions are dismissed as withdrawn. No Costs. Consequently, the connected Miscellaneous Petitions are also closed.
GBI/kmm Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar
To
1. The Principal Secretary Higher Education Department Secretariat, Fort. St. George, Chennai - 600 009.
2. The Periyar University represented by The Registrar, Periyar University Salem - 636 011.
+1cc to Mr.M.Sekar, Advocate SR.NO.66264 +1cc to MR.P.Godson Swaminathan, Advocate SR.NO.66850 KJI(CO) sm:12.10.2018 W.P.Nos.33561 & 5204 of 2016 and W.M.P.Nos.28967, 4584, 4585, 4586 of 2016