Dr.S.K.Kharventhan v. Tamil Nadu Public Service Commission
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.07.2023 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU and WMP No.18876 of 2023 Dr.S.K.Kharventhan .. Petitioner -vs1. Tamil Nadu Public Service Commission, Rep by its Secretary, Frazer Bridge Road, Chennai-3.
2. The Registrar General, Madras High Court, Madras.
3. The Registrar, Dr.Ambedkar Law University, Chennai.
... Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the first and second respondents to consider the representation of the petitioner dated 16.06.2023 and postpone the time line for submission of the application to the post of "Civil Judge" from 30.06.2023 to some other date facilitating the participation of the fresh law graduates in the selection process for the post of "Civil Judge" under the Notification
No.12/2023 dated 01.6.2023 issued by the 1st respondent and pass orders to that effect within a time frame fixed by this Court. For the Petitioner :Mr.M.Ramamoorthy for Mr.M.Dinesh For the Respondents :Mr.B.Vijay for R-2 * * * * *
ORDER
(Order of the Court was made by The Hon'ble Chief Justice) We have heard Mr.M.Ramamoorthy, learned counsel for the petitioner and Mr.B.Vijay, learned counsel for the second respondent.
2. The learned counsel for the petitioner submits that the petition is filed in the nature of public interest so as to bring it to the notice of the Court that the last date fixed for submission of the application as 30.06.2023 for the post of Civil Judge is required to be extended for the reason that about 24 colleges affiliated to respondent No.3 declared the result only on 30.06.2023, as such, it is not possible for all the candidates to submit the application on or before 30.06.2023. In view of that, the request is made to extend the date for filing the application.
3. For fresh law graduates also, the condition is that the candidates must have obtained bachelor's degree of law within a period of three years prior to the date of notification. The candidate did not possess the necessary qualification as on the date of notification. Moreover, the present matter would tantamount to a service matter. The interested and aggrieved persons can approach the Court. In service jurisprudence, public interest litigation is unheard of except the writ of quo warranto in exceptional cases.
For all the aforesaid reasons, the writ petition is dismissed. There will be no order as to costs.
(S.V.G., CJ.) (P.D.A., J.) 03.07.2023 Index : yes/no : Yes/No sra To:
1. The Secretary, Tamil Nadu Public Service Commission, Frazer Bridge Road, Chennai-3.
THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.
(sra)
2. The Registrar General, Madras High Court, Madras.
3. The Registrar, Dr.Ambedkar Law University, Chennai.
03.07.2023