← Library
Madras High CourtWP(MD)/22392/2025dismissed

Dr.M.S.Saravanan v. The Principal Secretary To Government

2025-08-18Honourable Mr Justice M.Dhandapani8 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P(MD)Nos.17471, 17474 & 17476 of 2025

1. Dr.M.S.Saravanan

2. Dr.A.V Joseph Ayyadurai

3. Dr. S.Ramesh

4. Dr. P.Ramesh

5. Dr. Swaminathan

6. Dr.Jayaram ... Petitioners Vs.

1. The Principal Secretary to Government, Animal Husbandry Dairying Fisheries and Fishermen Welfare Department, Secretariat, Chennai 600 009.

2. The Chairman, Tamil Nadu Public Service Commission, Omanthurar Thottam, Chennai -2.

1/8

3. The Director, Department of Animal Husbandry and Veterinary Services, Veterinary Polyclinic Campus, Nandanam, Chennai-600 035.

.. Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ Certiorarified Mandamus, calling for the entire records pertaining to the impugned order passed by the 3rd respondent in Na.Ka.No.44656/C2/2024 dated 07.03.2025 and quash the same as illegal and consequently direct the 1st and 3rd respondents to revise / revisit the seniority list dated 10.11.2005 by considering the order passed by the Hon'ble Supreme Court in Contempt Petition (Civil)No. 6415/2021 in SLP (C) No.2886/2016 dated 18.04.2023. For Petitioners : Mr.S.M.Ramasiva For Respondents : Mr.S.R.A.Ramachandran Additional Government Pleader for R1& R3 : Mr.J.Ananda Kumar for R2 2/8

O R D E R

This writ petition has been filed for issuance of a writ of Certiorarified Mandamus, calling for the entire records pertaining to the impugned order passed by the 3rd respondent in Na.Ka.No. 44656/C2/2024 dated 07.03.2025 and quash the same as illegal and consequently direct the 1st and 3rd respondents to revise / revisit the seniority list dated 10.11.2005 by considering the order passed by the Hon'ble Supreme Court in Contempt Petition (Civil)No. 6415/2021 in SLP (C) No.2886/2016 dated 18.04.2023.

2. Heard the learned counsel for the petitioner and the learned Additional Government Pleader appearing on behalf of the respondents 1 to 3.

3. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself. 3/8

4. The learned counsel for the petitioners would submit that the petitioners' batch was appointed prior to 10.03.2003 namely 2001-2002 batch. However, the seniority list was published only in the year 2006. Thereby, the petitioners made a representation to revisit the seniority list published in the year 2006 in terms of the order passed by the Hon'ble Supreme Court in Contempt Petition (Civil)No.6415/2021 in SLP(C)No.2886/2016 dated 18.04.2023. However, the same was rejected on the ground that the petitioners' Selection Process was held prior to 10.03.2003, hence, it cannot be revisited in terms of order of the Hon'ble Supreme Court dated 18.04.2023.

5. The learned counsel for the petitioners would further submit that admittedly the petitioners selection were held on 10.03.2003 whereas the seniority list was published only in the year 2006. There is no legal impediment to revisit the seniority list. However, the respondents refused to revisit the seniority list published in the year 2006 and the same is consequent to the order passed by the Hon'ble Supreme Court whereas 4/8

the learned counsel for the respondents categorically states that as per the decision of the Hon'ble Supreme Court, the seniority list/selection process conducted prior to 10.03.2003 shall not be revisited. As per the cut-off date on 10.03.2003 fixed by the Hon'ble Supreme Court, all the seniority lists that were finalized after 10.03.2003 only have to be revisited and a revised seniority list has to be prepared on the basis of the merit list prepared by the Tamil Nadu Public Service Commissioner. In the present case the petitioners' selection process was conducted prior to 10.03.2003 which cannot be revisited. If at all the petitioners want to clarification they have to approach the Hon'ble Supreme Court and not before this Court under Article 226 of the Constitution of India which is impermissible one. This Court cannot give interpretation to the order passed by the Hon'ble Supreme Court.

6. Admittedly, the petitioners' selection process was conducted on 10.03.2003 which is prior to the order of the Hon'ble Supreme Court and thus, the case of the petitioners falls outside the scope of the directions of the Hon'ble Supreme Court which apply only to the 5/8

cases where seniority lists were finalized after the cut off date referred to supra. Therefore, this Court cannot extend the benefit invoking the powers under Article 226 of the Constitution of India or reinterpret the order of the Hon'ble Supreme Court.

7. In view of the above said deliberations, there is no merits in the writ petition. Accordingly, this Writ Petition stands dismissed. However, liberty is granted to the petitioners to work out their remedy in the manner known to law. No Costs. Consequently, connected miscellaneous petitions are closed.

18.08.2025 NCC : Yes / No Index : Yes / No PJL To

1. The Principal Secretary to Government, Animal Husbandry Dairying Fisheries and Fishermen Welfare Department, Secretariat, Chennai 600 009.

6/8

2. The Chairman, Tamil Nadu Public Service Commission, Omanthurar Thottam, Chennai -2.

3. The Director, Department of Animal Husbandry and Veterinary Services, Veterinary Polyclinic Campus, Nandanam, Chennai-600 035.

7/8

M.DHANDAPANI ,J.

PJL ORDER MADE IN DATED : 18.08.2025 8/8