T.Rajkumar v. S.Ramar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 08.03.2018

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE MRS.JUSTICE R.THARANI C.M.P.(MD).No.2114 of 2016 in W.A(MD).No.SR7621 of 2016 T.Rajkumar ... Petitioner / Appellant Vs.

1.S.Ramar 2.The State of Tamil nadu, Rep by the Secretary, School Education Department, St.Fort George, Chennai-9.

3.The Director, Aadhi Dravidar Welfare Department, St.Fort George, Chennai-9.

4.The Chairman, Teacher Recruitment Board, 4th Floor, EVK Sampath Maaligai, College Road, Chennai.

5.N.Akilan 6.AR.Mookkaiah 7.S.Manimuthu 8.N.Maruthapandi 9.V.Prema 10.A.Vasuki 11.R.Surya 12.M.Marriyappah 13.K.Kamaraj 14.A.Kuodalingam 15.D.Selvakumar 16.P.Senthil 17.S.Kaniraj 18.S.Sudha 19.R.Guneshwari 20.M.Shanthi 21.C.Aruna 22.C.Muthammal 23.N.Sornaraj 24.R.Gayathri

25.M.Pandilatha 26.M.Shanthi 27.R.Prabhakaran ... Respondents/Respondents PRAYER in C.M.P.(MD).No.2114 of 2016: This Miscellaneous Petition filed under Section 5 of the limitation Act, to condone the delay of 274 days in filing the Writ Appeal in W.A.(SR).No.7621 of 2016. PRAYER in W.A.(MD).No.SR7621 of 2016:This Writ Appeal filed under Clause 15 of Letters Patent, against the order of this Court passed in M.P.(MD).Nos.2 & 3 of 2014 in W.P.(MD).No.16547 of 2014 dated 16.04.2014.

Prayer in MP(MD). 2/ 2014 in WP(MD).16547/2014 : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to Interim stay of all further proceedings in pursuant to the impugned notification dated 21.8.2014 in advertisement no.6/2014 issued by the 3rd respondent. Prayer in MP(MD). 3/ 2014 in WP(MD).16547/2014 : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to pass an order of Interim Direction directing the 3rd respondent to reserve one post for direct Recruitment Secondary Grade Teacher 2012-2013 as vacant for the petitioner pending disposal of the above WP. Prayer in WP(MD). 16547/ 2014 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a writ of Certiorarified Mandamus to call for the records relating to the impugned notification dated 21.8.2014 in advertisement no.6/2014 issued by the 3rd respondent and quash the same in so far as the impugned notification of Adhi Dravida Welfare department vacancies and consequently direct the 3rd respondent to appoint the petitioner as Direct Recruitment Secondary Grade Teacher 2012-2013 . For Petitioner : Mr.T.Lajapathi Roy For R3 & R4 : Mr.D.Muruganantham Additional Government Pleader

O R D E R

[Order of the Court was delivered by T.S.SIVAGNANAM, J.] Heard Mr.T.Lajapathi Roy, learned counsel appearing for the petitioner and Mr.D.Muruganantham, learned Additional Government Pleader appearing for the respondents 3 and 4. 2.This application has been filed to condone the delay of 274 days in filing the writ appeal in W.A.(MD).SR7621 of 2016.

3.The learned counsel for the petitioner submitted that the writ appeal filed against the interim order passed in M.P.(MD). Nos.2 and 3 of 2014 in W.P.(MD).No.16547 of 2014, has become infructuous.

4.In view of the submission made by the learned counsel for the petitioner, this petition is dismissed as infructuous. Consequently, rejected the writ appeal at SR stage. No costs. Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub Assistant Registrar To 1.The Secretary, State of Tamil nadu, School Education Department, St.Fort George, Chennai-9.

2.The Director, Aadhi Dravidar Welfare Department, St.Fort George, Chennai-9.

3.The Chairman, Teacher Recruitment Board, 4th Floor, EVK Sampath Maaligai, College Road, Chennai.

+1CC to Mr.T.Lajapathi Roy, Advocate, SR.No. 54647 C.M.P.(MD).No.2114 of 2016 in W.A(MD).No.SR7621 of 2016 08.03.2018 Ns AM/SV MMS/SAR 4/20.03.2018/3P/5C