S.John Bosco, A.Selvaraj v. State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.10.2016
CORAM
THE HON'BLE Dr.JUSTICE S.VIMALA W.P(MD) Nos.20555 & 20556 of 2016 and WMP(MD)Nos.14716 to 14721 of 2016 S.John Bosco ... Petitioner in WP(MD)No.20555/16 E.Narasimalu ... Petitioner in WP(MD)No.20556/16 -vs1.State of Tamil Nadu, rep.by its Principal Secretary, Department of Higher Education, Fort St.George, Channei - 9.
2.Madurai Kamaraj University, rep.by its Registrar-in-charge, Palkalai Nagar, Madurai - 625 021.
... Respondents in both WPs.
Writ Petition filed under Article 226 of the Constitution of India praying to issue a To issue a Writ of Certiorarified mandamus to call for the records pertaining to the Impugned Circulars calling for the post of Technicians in Editing (AVID Media Composer) English Tamil French Hindi Subjects Photography/Ad Film Making Sound Recording Systems Administrator Colour Grading Creative Image Making / Art Direction and Set Design Direction / Acting and Performing for Film & Television and Electrical in the Centre for Film & Electronic Media Studies dated 14.10.2016 on the file of the second respondent and quash the same as illegal and consequently for a direction directing the second respondent to re-advertise the recruitment notification by clearly indicating (i) number of posts sought to be filled up; (ii) the reservations to be followed (iii) the prescribed qualifications (iv) pay scales and (v) any other norms as specified in UGC regulations in the light of the Judgment passed by this Court in WP(MD) No.9374 of 2012 dated 17.02.2016.
For Petitioners : Mr.S.Rajasekar (both WPs.) For R - 1 : Mr.V.R.Shanmuganathan Additional Government Pleader For R - 2 : Mrs.T.Sakthi Kumaran (both WPs.)
O R D E R
These Writ petition have been filed to quash the impugned circulars issued by the second respondent dated 14.10.2016 and consequently direct the second respondent to re-advertise the recruitment notification by clearly indicating (i) number of posts sought to be filled up; (ii) the reservations to be followed (iii) the prescribed qualifications (iv) pay scales and (v) any other norms as specified in UGC regulations in the light of the Judgment passed by this Court in WP(MD) No.9374 of 2012 dated 17.02.2016. 2.Heard the learned counsel appearing for the petitioners; the learned Additional Government Pleader and the learned counsel, who take notice for the respondents 1 and 2 respectively. By consent the writ petition itself is taken up for final disposal at the admission stage.
3.The learned counsel for the second respondent submitted that the impugned circular dated 14.10.2016 has been withdrawn and to that effect, he has produced the withdrawal notification dated 25.10.2016.
4.The learned counsel for the petitioner would submit that there should be a direction to the respondents to comply with the directions given in the orders passed by this Court in WP(MD) No.9374 of 2012 dated 17.02.2016, in case of re-advertisement of recruitment notification.
5.The relevant portion of the order passed by this Court in WP(MD) No.9374 of 2012 dated 17.02.2016 is extracted hereunder: 8.Therefore, following the same, this Writ petition is also disposed of, directing the respondents to re-advertise the recruitment notification clearly indicating (I) the number of posts sought to be filled up subject wise (ii) the tenure of posts and (iii) the roster points against which the posts are sought to be filled up, as per the rule of communal rotation." 6.In view of the submission made by the learned counsel for the second respondent and the withdrawal notification filed before this Court, these Writ petitions are closed. However, in case of re-advertisement/fresh advertisement of recruitment notification,
respondents are directed to comply with the order passed in WP(MD) No.9374 of 2012 dated 17.02.2016, as extracted above, No costs. Consequently, WMP(MD)Nos.14716 to 14721 of 2016 are closed. Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To The Principal Secretary, State of Tamil Nadu, Department of Higher Education, Fort St.George, Channei - 9.
+1 cc to MR.T.SAKTHI KUMARAN, Advocate SR.No.64066 +1 cc to MR.T.LAJAPATHI ROY,Advocate SR.No.64804 W.P(MD) Nos.20555 & 20556 of 2016 26.10.2016 SMA/CK/21.11.2016:3P/4C