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Madras High CourtWP(MD)/9063/2015closed

D. Sankarasubramanian, v. State Of Tamil Nadu,

2019-08-22Honourable Mr Justice S.M. Subramaniam3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.08.2019

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and MP(MD)No.3 of 2015 1.D.Sankarasubramanian 2.P.Somasundaram 3.P.Esakkimuthu 4.K.Mariappan 5.S.Kalaivani 6.S.Ramalakshmi 7.A.Chitra ... Petitioners -Vs1.State of Tamil Nadu, Represented by the Principal Secretary to Government, School Education (Pa.Ka.4(2) Department, Secretariat, Chennai-9.

2.The Director of School Education, College Road, Chennai-6.

3.The State Project Director, Sarvasisha Abyan Scheme, DPI Complex, College Road, Chennai-6.

4.The Selection Committee, Represented by the Chief Educational Officer, Tirunelveli District, Tirunelveli.

5.The Selection Committee, Represented by the Chief Educational Officer, Virudhunagar District, Virudhunagar.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records on the file of the first respondent in connection with the order passed by him in his Letter (Stand) No.112, dated 18.08.2014 and quash the same to the extent of para 2(a) which has provided for consideration of regular Record Clerk / Basic Servants only and direct the respondents to consider and appoint 1/3

the petitioner to the post of Laboratory Assistant in High / Higher Secondary School as they are all in possession of necessary qualifications for more than 3 years of continuous service. For Petitioners : Mr.D.Selvanayagam for R.Singgaravelan For Respondents : Mrs.S.Srimathy Special Government Pleader

ORDER

The learned counsel appearing on behalf of the writ petitioners made a submission that during the pendency of the Writ Petition, the writ petitioners were allowed to participate in the process of selection, pursuant to the interim order granted by this Court.

2.The very relief sought for in the present Writ Petition is for a direction to direct the respondents to consider the appointment of the writ petitioners to the post of Laboratory Assistant. However, such a prayer cannot be granted and by virtue of the interim orders, the writ petitioners were permitted to participate in the process of selection. If the writ petitioners are selected, they would have been appointed by this time. However, the relief at this length of time deserves no further adjudication. It is made clear that if any of the writ petitioners are aggrieved from and out of the appointments or any other grievances exist, they are at liberty to redress the remedy in the manner known to law.

3.With these observations, this Writ Petition stands closed. No costs. Consequently, connected miscellaneous petition is also closed.

Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS) To 1.The Principal Secretary to Government, School Education (Pa.Ka.4(2) Department, Secretariat, Chennai-9.

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2.The Director of School Education, College Road, Chennai-6.

3.The State Project Director, Sarvasisha Abyan Scheme, DPI Complex, College Road, Chennai-6.

4.The Chief Educational Officer, The Selection Committee, Tirunelveli District, Tirunelveli.

5.The Chief Educational Officer, The Selection Committee, Virudhunagar District, Virudhunagar.

+1 CC to M/s.D.SELVANAYAGAM, Advocate ( SR-83109[F] dated 22/08/2019 ) +1 CC to M/s.SPL GP ( SR-83292[F] dated 26/08/2019 ) SJI 22.08.2019 KM/(06.09.2019) 3P 8C 3/3