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Madras High CourtCMP(MD)/421/2025dismissed

A.Gnanakkan v. The Secretary To Government

2025-01-22Honourable Mr Justice Rmt. Teekaa Raman,Honourable Mr.Justice N.Senthilkumar6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.01.2025

CORAM:

THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN and THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR C.M.P(MD)No.421 of 2025 and WA(MD)No.SR80394 of 2024 A.Gnanakkan ... Petitioner/Appellant Vs 1.The Secretary to Government, Department of Higher Education, Fort St. George, Secretariat, Chennai.

2.The Secretary to Government, Department of School Education, Fort St. George, Secretariat, Chennai.

3.The Chairman, Teachers Recruitment Board, EVK Sampath Maaligai, DPI Campus, College Road, Chennai 600 006.

4.The Secretary, Tamil Nadu Public Service Commission, Frazer Bridge Road,

V.O.C. Nagar, Park Town, Chennai 600 003.

5.The Director of School Education, DPI Campus, College Road, Nungambakkam, Chennai 600 006.

6.The Registrar, Madurai Kamaraj University, Palkalai Nagar, Madurai.

... Respondents/Respondents PRAYER in C.M.P.(MD)No.421 of 2025 :- This Petition is filed under Section 5 of Limitation Act, 1963 to condone the delay of 1825 days in filing the writ appeal. PRAYER in WA (MD)SR.No.80394 of 2024:- This Writ Appeal is filed under Clause 15 of the Letters Patent, to set aside the order dated 05.12.2019 in W.P(MD)No.19910 of 2017 insofar as denying seniority to the petitioner on par with the candidates selected by the notification dated 09.05.2017 on the file of this Court. For Petitioner : Ms.A.Amala For Respondent : Mrs.D.Farjana Ghousia Special Government Pleader for R1, R2 & R5

JUDGMENT

[Order of the Court was made by RMT.TEEKAA RAMAN, J.] This petition is filed to condone the delay of 1825 days in filing the writ appeal.

2.Having not satisfied with the observations made in the operative portion of the order dated 05.12.2019, the learned Single Judge stated that though he was given a seat, he has failed to produce the equivalent certificate in time and hence, the petitioner is not entitled to seniority. Hence, the petitioner filed the proposed writ appeal in W.A(MD)No.SR80394 of 2024 only in respect of the second portion, wherein the learned Single Judge stated that the latches on the part of the petitioner. Now the present petition is filed to condone the delay in filing the above appeal at the said operative order to the extent of 1825 days of delay.

3.Since there is a huge delay and already the petitioner has approached the Court with a lot of delay, but still the Court has granted

time to be given posting, having not satisfied, he has again come before this Court with the enormous delay of 1825 days. Hence, the Civil Miscellaneous Petition is dismissed. Consequently, connected WA(MD)No.SR80394 of 2024 is dismissed at the SR stage itself. No costs.

[T.K.R., J.] [N.S., J.] 22.01.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No sji To 1.The Secretary to Government, Department of Higher Education, Fort St. George, Secretariat, Chennai.

2.The Secretary to Government, Department of School Education, Fort St. George, Secretariat, Chennai.

3.The Director of School Education, DPI Campus, College Road, Nungambakkam, Chennai 600 006.

4.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

RMT.TEEKAA RAMAN , J.

and N.SENTHILKUMAR, J.

sji C.M.P(MD)No.421 of 2025 and WA(MD)No.SR80394 of 2024 22.01.2025