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Madras High CourtWP(MD)/19807/2016disposed of

P.Vidhya v. The Secretary

2016-10-20Honourable Mr Justice M. Sathyanarayanan,Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.10.2016

CORAM:

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN AND THE HONOURABLE MRS.JUSTICE J.NISHA BANU W.P(MD)No.19807 of 2016 Dr.P.Vidhya

...Petitioner

Vs.

1.The Secretary, Backward Class and Minority Welfare Office, St. George Fort, Chennai.

2.The District Collector, Thoothukudi Collectorate, Thoothukudi.

3.The District Backward Class and Minority Welfare Officer, Thoothukudi Collectorate, Thoothukudi.

...Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to consider the petitioner's representation dated 12.04.2016 and consequently, direct the second respondent to dispose of the Community Verification process within the time stipulated by this Court.

For Petitioner : Mr.V.Murugan For Respondents : Mr.A.K.Baskarapandian, Special Government Pleader ******

ORDER

(Order of the Court was made by M.SATHYANARAYANAN,J.) By consent, the main writ petition itself is taken up for final disposal.

2. The petitioner would state that she was posted as Assistant Surgeon in Government Hospital, Kodaikanal on 27.03.2007 in a temporary capacity and thereafter, she wrote a Special Qualifying Examination for regularisation of temporary services in the Tamil Nadu Medical Service Selection for the year 2009 and she was conditionally and provisionally admitted for regularisation of her temporary services.

https://hcservices.ecourts.gov.in/hcservices/

3. In this case, the petitioner belongs to Hindu - Backward Class - Ganjamreddy Community and the Tamil Nadu Public Service Commission directed the petitioner to appear before the District Collector, Thoothukudi, for enquiry and on receipt of the notice of enquiry dated 23.06.2011, she appeared before the Revenue Divisional Officer, Kovilpatti, along with the relevant documents on 08.07.2011 and participated in the enquiry and the same has also been completed.

4. It is the specific case of the petitioner that she belongs to Hindu - Backward Class - Ganjamreddy Community and as such, there cannot be any impediment on the part of the Revenue Divisional Officer, Kovilpatti, to sustain the said fact in the form of a report and despite many years had lapsed, no final orders have been passed and as a consequence, she is yet to be regularised in the services and therefore, she came forward to file this writ petition.

5. Heard the learned Counsel for the petitioner as well as Mr.A.K.Baskarapandian, learned Special Government Pleader, who accepts notice on behalf of the respondents.

6. In the light of the above facts and circumstances of the case and without going into the merits of the contentions of the petitioner, this Court directs the second respondent, being the Chariman of the District Level Vigilance Committee, to consider and pass orders regarding the genuineness of the Hindu - Backward Class - Ganjamreddy Community Certificate of the petitioner, within a period of eight weeks from the date of receipt of a copy of this order and communicate the decision taken in that regard to the petitioner.

7. Accordingly, this writ petition is disposed of as above. No costs.

Sd/- Assistant Registrar(W) /True Copy/ Sub Assistant Registrar(CS) To 1.The Secretary, Backward Class and Minority Welfare Office, St. George Fort, Chennai.

2.The District Collector, Thoothukudi Collectorate, Thoothukudi.

3.The District Backward Class and Minority Welfare Officer, Thoothukudi Collectorate, Thoothukudi.

+1cc to M/s.V.Murugan, Advocate in SR.62684 W.P(MD)No.19807 of 2016 20.10.2016 rsb GJM/DB/SAR-I-25.10.16-2P-5C https://hcservices.ecourts.gov.in/hcservices/