S.Balaji vs The Secretary To Government
2022 Latest Caselaw 10613 Mad

                                                                                  W.P.No.18686 of 2012



                                     IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                       DATED:    20.06.2022

                                                               CORAM :

                        THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE
                                                                AND
                                             THE HON'BLE MRS.JUSTICE N.MALA
                                                       W.P.No.18686 of 2012
                     1. S.Balaji
                     2. M.Jeyakumar                                                .. Petitioners

                                                                 vs

                     1. The Secretary to Government,
                        Personnel and Administration Reforms
                         Department, Fort St. George, Chennai-9.

                     2. The Chairman,
                        Tamil Nadu Public Services Commission,
                        No.1, Commercial Tax Annexe Building,
                        Greams Road, Chennai-6.                                    .. Respondents


                     Prayer: Petition filed under Article 226 of the Constitution of India for
                     issuance of a Writ of Declaration to declare the provisions of the Tamil
                     Nadu Appointment on Preferential Basis in the services under the State
                     of Persons Studies in Tamil Medium Act, 2010 (T.N. Act of 40/2010)
                     dt. 29.11.2010 as ultra vires and unconstitutional and to be non-est.

                                  For the Petitioner       :      Mr.M.Sriram

                                  For the Respondents      :      Mr.M.Muthukumar
                                                                  State Govt. Pleader for R-1
                                                           :      Mr.V.Govardhanan,
                                                                  Stdg. Counsel for R-2

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                     Page 1 of 4


https://www.mhc.tn.gov.in/judis
                                                                              W.P.No.18686 of 2012



                                                          ORDER

(Order of the Court was made by the Hon'ble Chief Justice)

By this writ petition, challenge is made to the Tamil Nadu

appointment on preferential basis in the services under the State of

Persons studied in Tamil Medium Act, 2010.

2. It is admitted by the parties that the issue raised in this

writ petition has already been answered by a Division Bench of this

Court in the case of G.Sakthi Rao vs. Chief Secretary,

Government of Tamil Nadu and Others, reported in (2021) 4

MLJ 193.

3. In view of the statement aforesaid, we could not take a

different view as has already been taken by a Coordinate Division

Bench holding the provisions to be intra vires.

4. The writ petition was filed otherwise in the year 2012 in

reference to a particular selection. A period of ten years has

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https://www.mhc.tn.gov.in/judis W.P.No.18686 of 2012

already passed in between and therefore, presumption remains that

the petitioner may have been settled properly. However, if any

grievance still remains after holding the provisions of the Act to be

constitutionally valid, the petitioner would be at liberty to take

appropriate remedy under the law.

The writ petition is, accordingly, disposed of in terms of the

order passed in the judgment referred supra. No costs.

(M.N.B., CJ.) (N.M., J.) 20.06.2022 Index : Yes/No sra

To:

1. The Secretary to Government, Personnel and Administration Reforms Department, Fort St. George, Chennai-9.

2. The Chairman, Tamil Nadu Public Services Commission, No.1, Commercial Tax Annexe Building, Greams Road, Chennai-6.

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https://www.mhc.tn.gov.in/judis W.P.No.18686 of 2012

M.N.Bhandari, CJ.

and N.Mala, J.

(sra)

W.P.No.18686 of 2012

20.06.2022

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https://www.mhc.tn.gov.in/judis