M.Pandiaraj, v. The State Of Tamil Nadu,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.04.2018 CORAM :

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR W.P(MD)No.8587 of 2018 and W.M.P.(MD) Nos.8072 and 8073 of 2018 M.Pandiaraj ... Petitioner Vs.

1.The State of Tamil Nadu represented by Secretary to Government, Tamilzh Development of Culture of Hindu Religious of Charitable Endowments, Nungambakkam, Chennai - 600 034.

2.The Commissioner, Hindu Religious of Charitable Endowments, Nungambakkam, Chennai - 600 034.

3.The Deputy Commissioner/ Administrative Officer, Arulmigu Kallalagar Thirukovil, Alagarkovil, Melur Taluk, Madurai District.

... Respondents Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records of the impugned notification passed by the 3rd respondent in Na.Ka.No.1034/2017/A5 dated 25.03.2018 and quash the same and consequently direct the 3rd respondent to issue feesh notification on the basis of include the amendment that minimum age limit is 18 years as per G.O.Ms.No.224 dated 16.06.2008. For Petitioner : Mr.Subash Babu For Respondent : Mr.D.Muruganantham, AGP for RR1 and 2 Mr.S.Manohar, for R3

O R D E R

The prayer sought for herein is for a writ of certiorarified mandamus, to call for the records of the impugned notification passed by the 3rd respondent in Na.Ka.No.1034/2017/A5 dated 25.03.2018 and quash the same and consequently direct the 3rd respondent to issue fresh notification on the basis of including the amendment that minimum age limit is 18 years as per G.O.Ms.No.224 dated 16.06.2008.

2.The petitioner has challenged the impugned notification issued by the third respondent temple to fill up the post of Poosari (Priest) for the allied temple of the third respondent temple viz., Arulmigu Rakkayee Amman Thirukovil (Arulmigu Rakkayee Amman temple). The main grievance of the petitioner is that in the impugned notification, certain conditions have been imposed for the candidates to make applications for the said post. Under the general conditions imposed in the impugned notification, the age criteria has been mentioned, as the applicant as on 31.03.2018 should have completed 25 years and should not be more than 45 years. 3.According to the petitioner, clause 1 of the general condition imposed in the impugned notification is an offending clause.

In this regard, the learned counsel appearing for the petitioner would rely upon G.O.Ms.No.224, Tamil Development, Religions Endowments and Information (RE4-2) Department dated 16.06.2008, wherein, the relevant rule viz., Rule 5 of The Tamil Nadu Hindu Religious Institutions (Officers and Servants) Service Rules, 1964 framed under Section 116(2)(xxiii) of the Act got amended.

"APPENDIX NOTIFICATION In exercise of the powers conferred by clause (xxiii) of sub-section (2) of Section 116 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 (Tamil Nadu Act 22 of 1959), the Governor of Tamil Nadu hereby makes the following amendment to the Tamil Nadu Hindu Religious Institutions (Officers and Servants) Service Rules, 1964.

AMENDMENT In the said Rules, in rule 5, for the expression "twenty-five years of age", the expressions "eighteen years of age" shall be substituted."

4.Since the very Rule 5 itself got amended, whereby the minimum age of 25 years has been reduced to 18 years of age and the same has been notified on 16.06.2008 itself, the present impugned notification issued by the third respondent shall not have such an age criteria of minimum age of 25 years and thereby those who have completed 18 years and not completed 25 years would be ousted from the purview of making application and participating in the selection process and therefore, the petitioner aged about only 18 years has challenged the impugned clause of the said notification. 5.I have heard Mr.S.Manohar, learned standing counsel for the third respondent, who would submit fairly that no doubt Rule 5 with regard to the minimum age for appointment has got amended and according to the amendment, now the minimum age is only completion

of 18 years and not 25 years as has been mentioned in the impugned notification.

6.The said position also is endorsed by the learned Additional Government Pleader appearing for the respondents 1 and 2 also. 7.When that being the position, as the age criteria has already been mentioned in the notification, where by, the minimum age has only been prescribed as 18 instead of 25, the third respondent should not have issued such notification imposing the said condition that those who have completed 25 years of age alone shall apply to the post of poosari at the allied temple of the third respondent. 8.In view of the above, this Court has no hesitation to hold that the said condition imposed as general condition to the impugned notification with regard to the minimum age is unlawful and therefore, it is liable to be quashed.

9.In the result, the impugned notification insofar as imposing the condition under the heading "general condition" prescribing the minimum age of 25 years as on 31.03.2018 is hereby quashed. Consequently, the third respondent is directed to issue a corrigendum in this regard imposing that condition of minimum age as 18 years only and accordingly, the date of making applications as well as selection schedule should be restructured and such a rescheduled selection process along with the modified condition for minimum age by way of corrigendum shall be issued by the third respondent, within a period of one week from the date of receipt of a copy of this order.

10.With the above direction, this writ petition is allowed to the term extended above. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(AE) /True Copy/ Sub Assistant Registrar To 1.The Secretary to Government of of Tamil Nadu Tamilzh Development of Culture of Hindu Religious of Charitable Endowments, Nungambakkam, Chennai - 600 034.

2.The Commissioner, Hindu Religious of Charitable Endowments, Nungambakkam, Chennai - 600 034.

+1CC to Mr.S.Manohar, Advocate, SR.No. 62861 +1CC to the Special Government Pleader SR.No.62478 +1CC to Mr.M.Subash Babu, Advocate, SR.No. 62588 W.P(MD)No.8587 of 2018 and W.M.P.(MD) Nos.8072 and 8073 of 2018 19.04.2018 Arul AM/SV MMS/SAR 4/23.04.2018/3P/6C