Madras High Court
E.Meenakshi vs The State Of Tamil Nadu on 5 February, 2021
W.A.No.280 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.02.2021
CORAM :
THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
W.A.No.280 of 2021
E.Meenakshi ... Appellant
Vs.
1.The State of Tamil Nadu,
rep. by its Secretary,
Department for Health and Family Welfare,
Fort St. George,
Chennai - 600 009.
2.The Tamil Nadu Public Service Commission,
rep. by its Secretary,
No.1, Greams Road,
Commercial Taxes Annexe Building,
Chennai - 600 006.
3.The Director of Drugs Control,
Office of Director of Drug,
Anna Salai,
Chennai - 600 006. ... Respondents
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W.A.No.280 of 2021
Prayer: Appeal filed under Clause 15 of the Letters Patent against the
order dated 08.07.2020 made in W.P.No.758 of 2013.
For Appellant : Mr.B.Ram Prasath
JUDGMENT
(Delivered by The Hon'ble Chief Justice)
The appeal is as much a waste of time as the writ petition was,
as has been appropriately observed in the order impugned dated July
8, 2020. The writ petition was filed in the year 2013 in respect of a
recruitment process that was initiated by a newspaper advertisement
published on March 21, 2012. The appellant-writ petitioner was an
aspirant for one of the 90 vacancies in the post of Drug Inspector. An
earlier writ petition challenging the examination process was dismissed
by this Court.
2. As has been recorded in the order impugned, the case of the
appellant-writ petitioner, made out only after the completion of the
entire selection process, was that the key answers that were made
available by the respondents were patently wrong. The further
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W.A.No.280 of 2021
grievance of the writ petitioner was that though she had obtained
169.5 marks, persons who had obtained lower marks had been called
for the interview, while she was excluded. The writ petitioner had
apparently made a representation to the second respondent but
nothing came of the same.
3. The Writ Court noticed that the selection process had been
completed in the year 2013. The Court observed that the writ
petitioner had not impleaded the successful candidates. It does not
appear that any meaningful steps were taken to obtain an interim
order in course of the petition remaining pending for seven years.
Though there is no doubt that the usual process of the Court should
have ensured earlier disposal of the writ petition, but in matters of the
present kind where a selection process is assailed, immediate steps
are taken by the writ petitioner, if seriously prosecuting the case, to
obtain interim orders or, at any rate to obtain an observation that the
selection process would abide by the result of the writ petition.
4. It does not appear that the writ petitioner took appropriate
steps to expedite the matter and upon the matter coming up for final
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W.A.No.280 of 2021
consideration in due course towards the end of 2020, the writ
petitioner insisted that a selection process that had been concluded
and completed in 2013 ought to be upset. By then the successful
candidates were entrenched in their positions.
5. The Writ Court observed that since the selection process had
attained finality, on the basis of the limited material carried by the writ
petitioner, the process could not be undone after such a long time. At
the appellate stage, the writ petitioner seeks to make out the same
grounds of irregularity with which she approached the Writ Court.
However, what is undeniable is that for a period of more than seven
years those who were selected in the process have remained firmly in
occupation of the posts and may have even been promoted by now.
In such circumstances, particularly when the successful candidates
were not impleaded and may not have had any notice of the present
proceedings, to undo the process concluded in the year 2013 would be
a tall ask and utterly unjust to the successful candidates.
6. In short, the Court of the first instance thought that the
balance of convenience did not demand that such an order should be
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W.A.No.280 of 2021
made though there may have been some merit in the grievances aired
by the appellant herein.
7. The Court's approach cannot be faulted. It is true that the
appellant suffered because the matter was not taken up by the Court,
but there is no doubt that if the appellant had been more diligent or
had been pro-active in mentioning the matter on the ground of
urgency, the appellant may not have had to wait this long. At any
rate, the appellant ought to have filed an interim application to at least
obtained an order to the effect that the selection process would abide
by the result of the writ petition. It is further evident that the
appellant may not have been serious inasmuch as the appellant did not
implead those persons who were perceived to have been wrongly
favoured ahead of the appellant and others who, according to the
appellant, were wrongfully selected. In the absence of such persons
being made parties and such persons having worked for a period in
excess of seven years, the Writ Court appropriately fell that they
should not be disturbed at this stage.
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W.A.No.280 of 2021
8. The judgment and order dated July 8, 2020 does not call for
any interference. Accordingly, W.A.No.280 of 2021 is dismissed.
There will be no order as to costs. Consequently, C.M.P.No.1146 of
2021 is closed.
(S.B., CJ.) (S.K.R., J.)
05.02.2021
Index : Yes/No
bbr
To
1.The Secretary,
State of Tamil Nadu,
Department for Health and Family Welfare,
Fort St. George,
Chennai - 600 009.
2.The Secretary,
Tamil Nadu Public Service Commission,
No.1, Greams Road,
Commercial Taxes Annexe Building,
Chennai - 600 006.
3.The Director of Drugs Control,
Office of Director of Drug,
Anna Salai,
Chennai - 600 006.
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W.A.No.280 of 2021
THE HON'BLE CHIEF JUSTICE
AND
SENTHILKUMAR RAMAMOORTHY, J.
bbr
W.A.No.280 of 2021
05.02.2021
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