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Madras High CourtWP/4480/2016disposed of

M.Mithilasri v. State Rep. By Its Secretary To

2016-02-23Honourable Mr Justice T.Raja5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.02.2016

CORAM:

THE HON'BLE MR. JUSTICE T.RAJA W.P.Nos.4480 of 2016, 4535 of 2016, 4512 to 4516 of 2016 4546 to 4550 of 2016, 4551 to 4555 of 2016, 4634 to 4638 of 2016, 4295 of 2016 and 2889 to 2890 of 2016 etc. batch and WMP.Nos.3819 to 3821, 3876, 3877, 3882, 3844 to 3853 of 2016, 3896 to 3905 of 2016, 3906 to 3915 of 2016; 4011 to 4020 of 2016 3642, 3643 of 2016, 2411 to 2414 of 2016 etc., batch 1.M.Mithilasri .. Petitioner in WP.No.4480 of 2016 2.R.Ramya .. Petitioner in WP.No.4512 of 2016 3.A.S.Anjugam .. Petitioner in WP.No.4513 of 2016 4.C.Ramya .. Petitioner in WP.No.4514 of 2016 5.K.Kanchana .. Petitioner in WP.No.4515 of 2016 6.S.Selvi .. Petitioner in WP.No.4516 of 2016 7.C.Pavithra .. Petitioner in WP.No.4546 of 2016 8.N.Elakkiya .. Petitioner in WP.No.4547 of 2016 9.M.Nithya .. Petitioner in WP.No.4548 of 2016 10.S.Karthi ..

Petitioner in WP.No.4549 of 2016 11.R.Naveen Kumar .. Petitioner in WP.No.4550 of 2016 12.M.Thamodharan .. Petitioner in WP.No.4535 of 2016 13.T.Abirami .. Petitioner in WP.No.4551 of 2016 14.S.Sivakumar .. Petitioner in WP.No.4552 of 2016 15.M.Sangavi .. Petitioner in WP.No.4553 of 2016 16.R.Kalpana .. Petitioner in WP.No.4554 of 2016 17.M.Sabarish .. Petitioner in WP.No.4555 of 2016 18.C.Arunprakash .. Petitioner in WP.No.4634 of 2016 19.R.Jayaprabha .. Petitioner in WP.No.4635 of 2016 20.P.Nandhini .. Petitioner in WP.No.4636 of 2016 21.S.Menaka .. Petitioner in WP.No.4637 of 2016 22.K.Deepa .. Petitioner in WP.No.4638 of 2016 23.S.Rizwana Fathima .. Petitioner in WP.No.4295 of 2016 24.Rajalakshmi .. Petitioner in WP.No.2889 of 2016 25.R.Sangeetha .. Petitioner in WP.No.

1. State Rep.by its Secretary to Government H.H.T.K. Department, Handloom Handicrafts Textiles and Khadi Fort Geoge, Chennai -600 009

2. The Director of Sericulture Foulks Complex Anaimedu, Salem -1, Salem District .. Respondents 1 & 2 in all WPs

3. The Registrar, TamilNadu Agricultural University, Coimbatore. ...Respondent 3 in WP.4512 to 4516, 4546 to 4550, 4535,4546 to 4550, 4551 to 4555,4634 to 4638, 4.The Director of Employment and Training, Guindy, Chennai-32. ...Respondent 4 in WP 4512 to 4516, 4546 to 4550, 4535,4546 to 4550, 4551 to 4555,4634 to 4638,

...Respondent 3 in wPs.2889 & 2890 of 2016

Writ Petition filed under Article 226 of the Constitution of India seeking a writ of Certiorarified mandamus to call for the records of the second respondent in Notification No.1/2016 dated 13.01.2016 published in Daily Thanthi and quash so far as the educational qualification of Assistant Inspector of Sericulture post mentioned in Column 3 of the said notification and consequently, direct the respondents to issue a fresh notification by including the B.Sc., (Seri) is eligible for the post of Assistant Inspector of Assistant Inspector of Sericulture (in W.P.4480 of 2016).

Writ of Certiorarified Mandamus Calling for the records of the 2nd respondent in Notification No.01/2016 dt 13.1.2016 quash the same and consequently direct the 2nd respondent to issue a fresh notification by notifying that the B.Sc (Sericulture) Degree is also one of the essential qualification for the post of Assistant Inspector or Sericulture(in WPs.4512 to 4516,4546 to 4550,4551 to 4555,4634 to 4638 of 2016) Writ of Certiorarified Mandamus to call for the records of the second respondent in Notification No.1/2016 dated 13.01.2016 published in Daily thanthi News paper dated 13.01.2016 and Quash the same as illegal and consequently direct the respondents to continue their recruitment process based on the earlier notification dated 09.05.2015 and also order of this Honourable High Court passed in W.P. No. 19005 to 19009 of 2015 dated 27.11.2015(in WP.4535 of 2016)

Writ of Certiorarified Mandamus Calling for the 2nd respondent in Notification No.01/2016 dated 13.01.2016 quash the same and consequently direct the second respondent to select and appoint the petitioner to the post of Assistant Inspector of Sericulture by Recruitment by transfer or by direct recruitment by resorting to paper publication along with the sponsoring of names through the Employment exchange by adhering to service rule with regard to the essential qualification and experience. (in WP 2889 and 2890 of 2016) For petitioner :

Mr. A.Edwin Prabhakar for Mr.K.Gandhikumar [in W.P.4480 of 2016,4535 of 2016] For respondents :

Mrs.A.Sri Jayanthi Special Government Pleader [in all WPs] Petitioner Counsel Mr.A.Ilaya Perumal (in WPs.4512 to 4516 of 2015), 4546 to 4550 of 2016 4551 to 4555 of 2016, 4634 to 4638 of 2016, 4295 of 2016 S.Vinod for Mr.T.R.Sundaram (in WPs 2889 and 2890 of 2016 C O M M ON O R D E R These writ petitions have been filed to quash the Notification No.1/16 dated 13.01.2016 issued by the Director of Sericulture for appointment of Assistant Inspector of Sericulture and Junior Inspector of Sericulture published in Daily Thanthi insofar as the educational qualifications are concerned.

2. When the writ petitions were taken up for hearing on 05.02.2015, this Court after hearing the arguments advanced by both sides and having been satisfied that the petitioners have acquired the requisite qualification, namely,. B.Sc., (Sericulture), directed the respondents to allow the petitioners to take part in the written examination, which was scheduled to be held on 07.02.2016. By virtue of the said order, the petitioners took part in the written examination and subsequently, on the basis of the marks secured by them in the written examination, they were called for interview except the petitioner in WP.No.4535 of 2016, who failed in the written examination. Thereafter, the successful petitioners have also attended the interview. In view of the same, the challenge

made by the petitioners in these petitions has now become infructuous and the writ petitions are liable to be dismissed.

3. At this juncture, the learned counsel for the petitioners prays that in view of the finding that the challenge in the writ petitions has become infructuous, a direction may be issued to the respondents to declare the results as per the Rules.

4. I find merits on the submission made by the learned counsel for the petitioners. Since the petitioners have acquired the requisite qualification in Sericulture and that they have also already taken part both in written examination as well as in the interview, the respondents are directed to declare the results on the basis of their performance in the written examination as well as in the interview, except the petitioner in WP.No.4535 of 2016, who failed in written examination.

5. With the above directions, the writ petition Nos. 4480 of 2016, 4512 to 4516 of 2016, 4546 to 4550 of 2016, 4551 to 4555 of 2016, 4634 to 4638 of 2016, 4295 of 2016, 2889 and 2890 of 2016 are disposed of. Insofar as the Writ Petition No.4535 of 2016 is concerned, since the petitioner failed in the written examination, no further order is necessary and the same is dismissed as infructuous. No costs. Consequently, connected miscellaneous petitions are closed.

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

1. The Secretary to Government H.H.T.K. Department, Handloom Handicrafts Textiles and Khadi Fort George, Chennai -600 009

2. The Director of Sericulture Foulks Complex Anaimedu, Salem -1, Salem District .

3. The Registrar, TamilNadu Agricultural University, Coimbatore.

4. The Director of Employment and Training, Guindy, Chennai-32.

+4 ccs to Mr.T.R.Sundaram, Advocate, S.R.No.11634 & 11633 +21 ccs to Mr.A.Ilayaperumal, Advocate, S.R.No.11348,11349,11346,11347 &11350 +1cc to the Government Pleader, S.R.No.11790, W.P.Nos.4480 of 2016, 4535 of 2016, 4512 to 4516 of 2016, 4546 to 4550 of 2016, 4551 to 4555 of 2016, 4634 to 4638 of 2016 4295 of 2016 and 2889 to 2890 of 2016 etc.

rv(CO) srg(31/03/2016)