R.Harishankar, Advocate v. Union Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.08.2016 CORAM :

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE R.MAHADEVAN W.P. No.6694 of 2015 and M.P.No.2 of 2015 R.Harishankar ... Petitioner -Vs1. Union of India, Rep. By the Chief Secretary to Govt., Govt. of Puducherry, Puducherry.

2. The Secretary to Government (Law), Government of Puducherry, Puducherry.

3. The Registrar (General) High Court, Chennai 600 104.

... Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Certiorarified Mandamus to call for the records of the 3rd respondent relating to ROC.No.1/2014/Rec.Cell, dated 03.03.2015 issued in consequence to ROC.No.1/2014/Rec.Cell, dated 23.02.2015 and quash the same and consequently direct the 3rd respondent to publish a fresh notification with the fresh list of shorlisted candidates based on the Notification No.ROC.No.1/Rec.Cell/ 2014 dated 23.11.2014, following the prevailing Central Government Rules. For Petitioner :

M/s.Swarnam J.Rajagopalan For Respondents :

Mr.Syed Mustafa, Additional Government Pleader (P) for RR 1 & 2 :

Mr.R.Suresh Kumar for R-3

O R D E R

(Order of the Court was made by The Hon'ble Chief Justice) The legal position qua the subject matter raised in the present petition stands resolved by the Division Bench of this Court in W.P.No. 34971 of 2014 decided on 23.01.2015. The endeavour by third parties to seek review of that order also failed in Review Application Nos.69 and 70 of 2015 vide order dated 01.04.2015.

2.Now the petitioner seeks to raise the same issue by contending that the original order as well as the review order suffer from legal infirmity and the original selection of candidates to the subordinate judicial posts in the State of Puducherry is defective.

3.In our view, this seems to be an endless exercise and that too at the behest of the petitioner who is an advocate and who is not even a candidate in the selection process. 4.In the absence of any affected candidate and there being an authoritative judicial pronouncement already of a Division Bench, we are not inclined to entertain this public interest litigation.

5.Writ petition is closed. No costs. Consequently, M.P.No.2 of 2015 is also closed.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar sra To

1. The Chief Secretary to Govt., Union of India, Govt. of Puducherry, Puducherry.

2. The Secretary to Government (Law), Govt. of Puducherry, Puducherry.

3. The Registrar (General) High Court, Chennai 600 104.

+1cc to Mr.R.Suresh Kumar, Advocate, S.R.No.45457 +1cc to the Government Pleader(P), S.R.No.45779 W.P.No.6694 of 2015 KJI(CO) CA(23/08/2016)