R.Prema v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 22.06.2023

CORAM

THE HON'BLE Mr. JUSTICE R. MAHADEVAN AND THE HON'BLE Mr. JUSTICE MOHAMMED SHAFFIQ AND W.M.P.No.17746 of 2023 1.R.Prema 2.M.Dharshini 3.S.Devendran 4.K.Sivanandham 5.R.Hariharan .. Petitioners Vs.

1.The Commissioner Tamil Nadu Public Service Commission Chennai-1 2.The Secretary Law Department Secretariat, Chennai .. Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a writ of mandamus directing the respondents to include/permit all of us who are awaiting results after writing the 5th year final examination to apply to the post of Civil Judge for the year 2023 by recalling the notification No.12/2023 in advertisement No.661 dated 01.06.2023.

1/5

For Petitioner : Mr.D.Nellaiappan

O R D E R

(Order of the Court was made by R. MAHADEVAN, J.) This writ petition has been filed by the petitioners seeking a direction to the respondents to permit them to apply to the post of Civil Judge by recalling the Notification No.12/2023 in Advertisement No.661 dated 01.06.2023. 2.According to the petitioners, they are Law College students. They have written the final year examination and awaiting results. The first respondent issued a notification in Notification No.12 of 2023 (Advertisement No.661) dated 01.06.2023, calling for applications from the eligible candidates through online mode for direct recruitment to the post of Civil Judge in the Tamil Nadu State Judicial Service as per the provisions prescribed under the Tamil Nadu State Judicial Service (Cadre and Recruitment) Rules, 2007 as amended.

Amongst other norms, the basic educational qualification prescribed for applying to the said post is, the candidate must possess a Degree in Law of a University in India.

certainty as to when the next Notification for writing Civil Judge Examination will be issued, the present writ petition has been filed by the petitioners with the above prayer.

3.The learned counsel for the petitioners submitted that the ambition of the petitioners is to become a Judicial Officer, and that, they have to be permitted to write the present Examination, pending announcement of their results in the Law Course. It is also submitted that the petitioners have submitted representations in this connection to all the respondents, which evoked no response till date.

4.Heard the learned counsel for the petitioners and perused the materials placed before this court. Though the prayer in this writ petition is for a larger relief, after some arguments, the learned counsel for the petitioners confined his prayer to the extent that a direction may be given to the authorities to dispose of their representations within a stipulated time frame. 5.This writ petition has come up today for admission. The competent authority to consider the representations of the petitioners is the Registrar General of this court. Since the last date for submission of application as per the 3/5

above Notification is 30.06.2023, due to paucity of time, the learned counsel Mr.B.Vijay, who appears on behalf of the Registrar General of this Court and is present in the Court, takes notice and gives assurance that the representation of the petitioners would be considered by the Registrar General of this court, and appropriate orders be passed, on merits and in accordance with law. 6.Recording the above submissions, the writ petition stands disposed of, by directing the Registrar General of this court to dispose of the petitioners' representations, as expeditiously as possible. It is made clear that this court is not expressing any opinion on the merits of the case and the authority shall consider the claim of the petitioners purely on its merits and in accordance with law. No costs. Consequently, the connected miscellaneous petition is closed. [R.M.D,J.] [M.S.Q, J.] 22.06.2023 Internet : Yes gya To 1.The Commissioner Tamil Nadu Public Service Commission Chennai-1 4/5

R. MAHADEVAN, J.

AND MOHAMMED SHAFFIQ, J.

gya 2.The Secretary Law Department Secretariat, Chennai 3.The Registrar General, High Court, Madras.

22.06.2023 (2/2) 5/5