Selvendran .V v. The Secretary To Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.12.2022
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.(MD)No.27798 of 2022 and W.M.P.(MD).Nos.21900 and 21901 of 2022 1.V.Selvendran 2.Dr.K.Ragu 3.Dr.P.Chinnamaruthupandy 4.Dr.A.R.R.Babuji 5.Dr.K.Selvam 6.Dr.Vijayabaskar 7.Dr.P.Karunakaran 8.Dr.N.Murugarajan 9.Dr.J.Sudhakar 10.Dr.M.Chinnaduraipandian 11.Dr.K.Mariappa ... Petitioners vs.
1.The Secretary to the Government, Department of Animal Husbandry and Veterinary Services, Chennai.
2.The Secretary, Tamil Nadu Public Service Commission, Chennai.
1/6
3.The Commissioner, Animal Husbandry and Veterinary Services, Nandanam, Chennai -9.
4.The Secretary to the Government, Human Resources Management Department, Chennai -9.
... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, to call for the records on the file of 2nd respondent impugned Notification No.34/2022, dated 18.11.2022 and quash the same as illegal and devoid of merits and direct the respondent to issue fresh recruitment notification for the post of Veterinary Assistant Surgeon as directed by the Hon'ble Supreme Court of India in Civil Appeal No.4351 of 2016, dated 07.04.2022. For Petitioners : Mr.Raja Karthikeyan For R1, R3 & R4 : Mr.G.V.Vairam Santhosh Additional Government Pleader For R2 : Mr.J.Anandkumar Standing counsel 2/6
O R D E R
This writ petition has been filed challenging the impugned Notification issued by the second respondent, dated 18.11.2022 and to quash the same and consequently direct the second respondent to issue fresh recruitment notification for the post of Veterinary Assistant Surgeon, as directed by the Hon'ble Supreme Court of India in Civil Appeal No.4351 of 2016, dated 07.04.2022.
2. By consent of both parties, the writ petition itself is taken up for final disposal at the admission stage.
3. Heard the learned counsel appearing for the petitioner, learned Additional Government Pleader appearing for the respondents 1, 3 and 4 and the learned Standing counsel appearing for the second respondent.
4. The present Notification dated 18.11.2022 has been issued, pursuant to the order passed by the Hon'ble Supreme Court of India in Civil Appeal No.4351 of 2016, dated 07.04.2022. However, the learned 3/6
counsel appearing for the petitioners would submit that the qualification fixed in the Notification is contrary to the direction issued by the Hon'ble Supreme Court. The fact remains that the present recruitment notification is issued for filling up the vacancy of Veterinary Assistant Surgeon in the Department of Animal Husbandry Service to 731 persons. If at all any violation to the order of the Hon'ble Supreme Court, the remedy available to the petitioners is to file a Contempt Petition before the Hon'ble Supreme Court. Instead of filing the Contempt Petition before the Hon'ble Supreme Court, filing the present writ petition intend to stall the recruitment process. Hence, the prayer sought for by the petitioners cannot be granted and this Writ petition is dismissed. No costs. Consequently, the connected Miscellaneous Petitions are closed. 09.12.2022 Index:Yes/No Internet:Yes/No akv 4/6
To 1.The Secretary to the Government, Department of Animal Husbandry and Veterinary Services, Chennai.
2.The Secretary, Tamil Nadu Public Service Commission, Chennai.
3.The Commissioner, Animal Husbandry and Veterinary Services, Nandanam, Chennai -9.
4.The Secretary to the Government, Human Resources Management Department, Chennai -9.
5/6
M.DHANDAPANI,J.
akv W.P.(MD)No.27798 of 2022 09.12.2022 6/6