Madras High CourtCMP(MD)/6220/2016disposed of

The Secretary, v. P.Abdullah,

2016-10-03Honourable The Chief Justice,Honourable Mr Justice S. Nagamuthu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Third day of October Two Thousand Sixteen PRESENT The Hon`ble The CHIEF JUSTICE and The Hon`ble Mr.Justice S.NAGAMUTHU CMP(MD) No.6220 of 2016 IN WA(MD) No.1021 of 2016 THE SECRETARY, TAMIL NADU PUBLIC SERVICE COMMISSION, FRAZER BRIDGE ROAD, VOC NAGAR, PARK TOWN, CHENNAI-600 006. ... PETITIONER/APPELLANT Vs P.ABDULLAH, ... RESPONDENT/RESPONDENT. Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to stay the operation of the Order passed in WP(MD) No. 23237 of 2015 dated 22.12.2015 pending disposal of the above Writ Appeal. Prayer in WP(MD)No.23237 of 2015:

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of mandamus, directing the Respondent to treat the petitioner as a candidate belonging to the Backward Community (Muslim) and to consider the petitioner for appointment to any one of the posts included in Group-IV services, 2013-14 & 2014-15 as per the overall rank and community rank secured by the petitioner (Registration No.260715015) within the time stipulated by this Honble Court.

ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.K.K.SENTHIL, Advocate for the petitioner and of M/S.T. LAJAPATHI ROY, Advocate on behalf of the Respondent, the court made the following order:- [Order of the Court was made by the Hon'ble The Chief Justice] It is pointed out to us by the learned Additional Advocate General that the very issue has been referred to a Larger Bench by the Hon'ble Supreme Court in Centre, for Public Interest Litigation & Another v. Union of India. (Writ Petition (Civil) No.180 of 2004 vide order dated 21.01.2011).

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2.Thus, it is appropriate to await the judgment of the Supreme Court.

3.Interim stay of the impugned order shall continue till the disposal of the appeal.

4.The petition, accordingly, disposed of.

sd/- 03/10/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE SECRETARY, TAMIL NADU PUBLIC SERVICE COMMISSION, FRAZER BRIDGE ROAD, VOC NAGAR, PARK TOWN, CHENNAI-600 006.

+1. C.C. to M/S.K.K.SENTHIL Advocate SR.No.58156.

ORDER

IN CMP(MD) No.6220 of 2016 IN WA(MD) No.1021 of 2016 Date :03/10/2016 AM/CK/SAR-II/14.10.2016/2P/3C https://hcservices.ecourts.gov.in/hcservices/