S.Sandhiya v. The Chairman
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.11.2021
CORAM
THE HONOURABLE MR.JUSTICE V.PARTHIBAN W.P.No.22686 of 2021 and W.M.P.No.23915 of 2021 S.Sandhiya .. Petitioner Vs
1. The Chairman,
2. The Member Secretary, .. Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the respondents to permit the petitioner to apply for the online examination for direct recruitment to the post of Post Graduate Assistants/ Physical Education Directors Grade-I/ Computer Instructors Grade-I in pursuant to the notification/ Advertisement issued by the 1st respondent in Advertisement No.01/2021 dated 09.09.2021 taking into consideration of the fact that the petitioner did not study M.A. (English) & B.Ed., simultaneously within the period that may be fixed by this Hon'ble Court.
For Petitioner : Mr.S.Mohamed Suhail for M/s. Ajmal Associates For Respondents : Mr.C.Kathiravan, Government Advocate
O R D E R
When this writ petition (W.P.No.22686/2021) along with W.P.No.22376/2021 are taken up for hearing, on behalf of the learned counsel for the respondents, it is submitted that for
the same prayer, two writ petitions have been by the petitioner herein and the counsels are also the same.
2. At this scenario, when the Court confronted the learned junior counsel appearing for the petitioner, he submitted that earlier W.P.No.22686/2021 was filed but due to Covid-19 situation, Registry could not be contacted and the counsels were unable to pursue with the numbering of the writ petition. However, due to urgency of the situation, during the Dassara vacation, the second writ petition was filed and the same was numbered earlier to the first writ petition as W.P.No.22376/2021. The filing of the second writ petition was only out of anxiety to protect the interest of the petitioner herein and it was not intended to abuse the process of the Court or mis-representation.
3. In the above circumstances, the learned counsel would tender unconditional apology for the mix up and the intention was not to commit any fraud upon this Court. The learned counsel also explained the situation in which, the two writ petitions came to be filed.
4. Considering the submission of the learned counsel and also the explanation being found to be genuine, this Court is inclined to accept the explanation. The learned counsel for the petitioner would state that as far as the first writ petition (W.P.No.22686/2021) is concerned, it was numbered subsequent to the second writ petition (W.P.No.22376/2021). Therefore, W.P.No.22686 of 2021 may be dismissed as withdrawn and W.P.No.22376/2021 may be kept on the file of this Court with a view to protect the interest of the petitioner.
5. In the said circumstances, W.P.No.22686 of 2021 is dismissed as withdrawn.
No costs.
Consequently, W.M.P.No.23915 of 2021 is closed.
Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar vsi To
1. The Chairman,
2. The Member Secretary, W.P.No.22686 of 2021 KSM(CO) CT 07/12/2021