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Madras High CourtWP/34419/2017dismissed as withdrawal

R.Karthikeyan, v. The Registrar General,

2019-11-22Honourable The Chief Justice,Honourable Mr Justice Subramonium Prasad3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.11.2019 CORAM :

THE HON`BLE THIRU.JUSTICE AMRESHWAR PRATAP SAHI, THE CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SUBRAMONIUM PRASAD W.P.No.34419 of 2017 R.Karthikeyan .. Petitioner v.

1.The Registrar General, Madras High Court, Chennai-104.

2.The Tamil Nadu Public Service Commission, rep. by its Secretary, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai-03.

3.State of Tamil Nadu, rep. by its Additional Chief Secretary to Government, Home (Courts) Department, Secretariat, Chennai-9.

.. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Certiorarified Mandamus calling for the records of the Rule-5 of Tamilnadu State Judicial Service (Cadre and Recruitment) Rules, 2007 quash the same and consequently direct the 1st respondent Registrar General, in consultation with the 2nd respondent Tamilnadu Public Service Commission to amend the Rule 5 of Tamilnadu State Judicial Service (Cadre and Recruitment) Rules, 2007 in such a manner to permit the otherwise qualified Lecturers in Law in the State of Tamilnadu to

participate in the Selection Process for the post of Civil Judge by Direct Recruitment and also make consequential amendments in the Annexure-II of the Tamilnadu State Judicial Service (Cadre and Recruitment) Rules, 2007. For Petitioner : Mr.P.T.Perumal For Respondents : Mr.V.Ayyadurai Senior Counsel for Mr.Durai Eswari for respondent No.1 Ms.C.N.G.Niraimathi for respondent No.2 Mr.V.Jayaprakash Narayanan Government Pleader for respondent No.3

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) After the matter was heard, learned counsel for the petitioner prays that he may be permitted to withdraw the writ petition and seek his remedy by moving an Interlocutory Application before the Apex Court or undertake such remedy that may be available in law before the Apex Court keeping in view the pronouncement in the case of All India Judges' association and others v. Union of India and others, reported in (2002) 4 SCC 247. Accordingly, the petitioner is permitted to withdraw this writ petition with the aforesaid liberty. No costs. Consequently, W.M.P.No.12778 of 2018 is closed. Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar

bbr To:

1.The Registrar General, Madras High Court, Chennai-104.

2.The Secretary, Tamil Nadu Public Service Commission, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai-03.

3.The Additional Chief Secretary to Government, State of Tamil Nadu, Home (Courts) Department, Secretariat, Chennai-9.

+1cc to Mr.P.T.Perumal , Advocate SR.No. 97082 W.P.No.34419 of 2017 rsk (CO) A.SK(25/11/2019)