K.Arun v. The State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.08.2023

CORAM:

THE HON'BLE MR. JUSTICE S. VAIDYANATHAN and THE HON'BLE MR. JUSTICE K. RAJASEKAR K. Arun Petitioner v The State of Tamil Nadu represented by its Principal Secretary to Government Department of Law & Court St. George Fort, Chennai 600 009 The Chairman Tamil Nadu Public Service Commission Frazers Bridge Road Chennai 600 001 The Secretary Tamil Nadu Public Service Commission Frazers Bridge Road Chennai 600 001 The Registrar General Madras High Court Chennai 600 104 The Registrar - Recruitment Madras High Court Chennai 600 104 Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents to permit the petitioner to apply for the post of Civil Judge in the Tamil Nadu State Judicial Services either under 1/4

fresh law graduate category or under the practising advocate category pursuant to Notification No.12/2023 dated 01.06.2023 issued by the third respondent either online or by opening the online portal otherwise. For petitioner Mr. T.M. Mano For R1 Mr. T. Arun Kumar Addl. Govt. Pleader For RR 2 & 3 Mr. R. Bharanidharan Standing Counsel For RR 4 & 5 Mr. B. Vijay Standing Counsel

ORDER

(made by S. VAIDYANATHAN, J.) The petitioner is a Civil Judge aspirant, who would like to apply for the post of Civil Judge in the Tamil Nadu State Judicial Service, pursuant to the notification dated 01.06.2023 issued by the third respondent. As per Clause 4-B of the said notification, practising advocates/Pleaders and Assistant Public Prosecutors, and fresh law graduates, can apply for the said post.

For practising advocates/Pleaders and Assistant Public Prosecutors, the applicants must, inter alia , have not less than 3 years of practice and as far as fresh law graduates are concerned, they must, inter alia, have passed the Bachelor's degree in Law within 3 years prior to the date of the notification. 2/4

According to the petitioner, he is unable to apply under either of the aforesaid two categories, since, as far as the first category is concerned, he lacks six months of practice and as far as the second category is concerned, he had not passed the Bachelor's degree in Law within three years prior to the date of the notification and hence, this writ petition for a direction to the respondents to permit him to apply under either of the above two categories by opening the online portal.

To be noted, the issue involved in this writ petition had already come up for consideration in W.P.Nos.17456, 18843, 19151 and 19652 of 2023, which were dismissed by this Bench on 31.07.2023.

In view of the above, this writ petition also stands dismissed in the same terms. Costs made easy.

(S.V.N., J.) (K.R.S., J.) 03.08.2023 cad 3/4

S. VAIDYANATHAN, J.

and K. RAJASEKAR, J.

cad To The Principal Secretary to Government Department of Law & Court St. George Fort Chennai 600 009 The Chairman Tamil Nadu Public Service Commission Frazers Bridge Road Chennai 600 001 The Secretary Tamil Nadu Public Service Commission Frazers Bridge Road Chennai 600 001 The Registrar General Madras High Court Chennai 600 104 The Registrar - Recruitment Madras High Court Chennai 600 104 03.08.2023 4/4