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Madras High CourtWP(MD)/11524/2020disposed of

S.Srikanda Raja v. The Secretary To Govt

2023-01-11Honourable Mr Justice M.Dhandapani6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.01.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI and WMP(MD) Nos.10044 and 10045 of 2020 S.Srikanda Raja ... Petitioner -vs1.The Secretary to Government Animal Husbandry Dairying and Fisheries Dept. Secretariat, Chennai 9 2.The Director of Animal Husbandry & Veterinary Services, O/o. The Director of Animal Husbandry & Veterinary Services, Central Office Buildings Block II Chennai 6 3.M.Gowrisankar 4.S.Murugan 5.J.Kanjana 6.P.Ramkumar ... Respondents

Prayer:- Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus to call for the records relating to the impugned order passed by the 2nd respondent vide his proceedings Na.Ka.No.23714/E2/2018 dated 26.08.2020 and quash the same as illegal and consequently to direct the 2nd respondent to proceed with the recruitment of live stock inspector in pursuant to the notification issued by the 2nd respondent vide his proceedings Nil dated 14.08.2015 and proceed with the recruitment process of livestock inspector in conformity with Articles 14 and 16 of the Constitution of India. For Petitioner :

Mr.H.Mohammed Imran for M/s.Ajmal Associates For Respondents :

Mr.G.V.Vairam Santhosh Additional Government Pleader

O R D E R

The writ petition has been filed challenging the impugned order of the 2nd respondent dated 26.08.2020 and for a consequential direction to the 2nd respondent to proceed with the recruitment of live stock inspector in pursuant to the notification issued by the 2nd respondent vide his proceedings Nil dated 14.08.2015 and proceed with the recruitment process of livestock inspector in conformity with Articles 14 and 16 of the Constitution of India.

2.It is the case of the petitioner that the second respondent issued a notification for 289 posts of livestock inspector. The petitioner being qualified for the said post applied for the same. When the petitioner was waiting for the selection process, the 2nd respondent passed the impugned proceedings on 11.10.2019 by selecting 240 candidates, out of which, 165 candidates are department employees and 75 were appointed on compassionate ground. It is his further case that the respondents called the selected candidates for training for a period of 11 months. Subsequently, it is seen that another advertisement dated 02.12.2019 was issued notifying livestock inspector including various posts. It is further seen that the impugned proceedings were issued for conducting exclusive examination for the candidates, who attended training. When the notification prescribes appointment by selection through open method, the impugned selection proceedings is violative of Articles 14 and 16 of the Constitution of India and hence, this petition.

3. The learned counsel for the petitioner would submit that the selection process is not yet completed and therefore, he prays for

appropriate direction.

4. The learned Additional Government Pleader would submit that the selection process will be completed within a period of six months.

5. In view of the submissions made by both sides, this writ petition is disposed of by directing the respondents to complete the selection process within a period of six months from the date of receipt of a copy of this order. No costs. Consequently connected Miscellaneous Petitions are closed.

11.01.2023 NCC : Yes/No Index : Yes/No Internet : Yes RR

To 1.The Secretary to Government Animal Husbandry Dairying and Fisheries Dept. Secretariat, Chennai 9 2.The Director of Animal Husbandry & Veterinary Services, O/o. The Director of Animal Husbandry & Veterinary Services, Central Office Buildings Block II Chennai 6

M.DHANDAPANI, J.

RR 11.01.2023