P.Thiruvengadam vs The Member Secretary
2023 Latest Caselaw 5003 Mad

                                                                        W.A(MD)No.610 of 2023


                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                        DATED : 28.04.2023

                                               CORAM:

                           THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
                                             and
                          THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI


                                      W.A(MD)No.610 of 2023
                                               and
                                     C.M.P(MD)No.5728 of 2023


              P.Thiruvengadam                                    ...
              Appellant/Petitioner

                                                 -vs-

              1.The Member Secretary,
                Medical Service Recruitment Board,
                359, Anna Salai, 7th Floor, DMS Building,
                Chennai – 06.

              2.The Director(Regulations),
                Food Safety and Standards Authority of India,
                FDA Bhawan,
                Kotla Road,
                New Delhi – 110 002.

              3.The Secretary,
                Ministry of AYUSH,
                AYUSH Bhawan B-Block,
                GPO Complex, INA,
                New Delhi – 110 023                                    ...
              Respondents/Respondents



              PRAYER: Appeal filed under Clause 15 of Letters Patent, against the order

              dated 31.03.2023 made in W.P(MD)No.7323 of 2023.


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                                                                            W.A(MD)No.610 of 2023



                           For Appellant        : Mr.R.Karthick



                           For R-1                      : Mr.R.Baskaran, Additional Advocate
              General,
                                                      Assisted by

                                                  Mr.D.Sadiq Raja,
                                                    Additional Government Pleader

                           For R-2 & R-3       : Mr.K.Govindarajan,
                                                     Deputy Solicitor General of India


                                                   JUDGMENT

[Judgment of the Court was made by R.SUBRAMANIAN, J.]

Being aggrieved by the order of the Writ Court, dated 31.03.2023

made in W.P(MD)No.7323 of 2023, the appellant/writ petitioner has filed

this writ appeal.

2. The Writ Court has non suited the writ petitioner only on the

ground that the writ petitioner is a fence sitter and he had approached

this Court after the order passed in the similar writ petition. By the time

the petitioner has approached this Court, the recruitment process was

over. The writ Court has exercised its discretion in not reopening the

recruitment process. We do not think that we could interfere with such

exercise of discretion. The writ appeal fails and it is accordingly,

dismissed. No Costs. Consequently, connected miscellaneous petition is

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

W.A(MD)No.610 of 2023

closed.

                                                          [R.S.M., J.]           [L.V.G., J.]
                                                                             28.04.2023
              NCC         :Yes/No
              Index      :Yes/No
              PM

              To:


              The Member Secretary,

Medical Service Recruitment Board, 359, Anna Salai, 7th Floor, DMS Building, Chennai – 06.

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

W.A(MD)No.610 of 2023

R.SUBRAMANIAN, J.

and L.VICTORIA GOWRI, J.

pm

W.A(MD)No.610 of 2023

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

W.A(MD)No.610 of 2023

28.04.2023

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