The Principal Secretary To ... vs P.Selvi
2023 Latest Caselaw 6103 Mad

                                                                        W.A. No. 1732 of 2021

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED:    13.06.2023

                                                     CORAM :

                            THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
                                                          AND
                                    THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
                                              W.A. No. 1732 of 2021
                                            and CMP No.10872 of 2021

                     1. The Principal Secretary to Government,
                        School Education Department,
                        State of Tamil Nadu, Fort St. George,
                        Chennai 600 009.

                     2. The Chairman,
                        Teachers Recruitment Board,
                        3rd Floor, Puratchi Thalaivar Dr.MGR
                         Centenary Building, DPI Campus,
                        College Road, Chennai 600 006.                           ..
                     Appellants

                                                          -vs-
                     P.Selvi                                               .. Respondent

                     Prayer: Appeal filed under Clause 15 of the Letters Patent against the
                     order dated 27.02.2021 passed in W.M.P.No.5158 of 2021 in
                     W.P.No.4532 of 2021 on the file of this Court.


                     For the Appellants      :      Mr.R.Neelakandan
                                                    Addl. Advocate General
                                                    Assisted by Mr.U.Baranidharan,
                                                    Addl. Govt. Pleader

                     For the Respondent      :      No appearance

                                                     *****

                     Page 1 of 4


https://www.mhc.tn.gov.in/judis
                                                                                 W.A. No. 1732 of 2021



                                                          JUDGMENT

(Delivered by The Hon'ble Chief Justice)

The appellants challenge the interim order passed in

W.M.P.No.5158 of 2021 in W.P.No.4532 of 2021. Under the said

interim order, the learned Single Judge of this Court directed the

appellants herein to permit the respondent to participate in the

selection process and the results shall be kept in the sealed cover.

This Court, in the present appeal, had granted interim stay to the

said order.

2. The learned Additional Advocate General relies upon the

judgment of the Division Bench of this Court dated 08.10.2021 in

W.P.No.21983 of 2021 (between C.Ponnusamy and others and State

of Tamil Nadu and others) and judgment of the same date at Madurai

in W.P.(MD) No. 18544 of 2021 (between S.Thavamani and Another

and State of Tamil Nadu and others). In the said cases, the same

rule as is assailed in the present matter was assailed. The Division

Benches of this Court dismissed the writ petitions.

https://www.mhc.tn.gov.in/judis W.A. No. 1732 of 2021

3. It is further submitted by the learned Additional Advocate

General that the selection process is concluded and subsequent

recruitment notification has also been notified in view of the interim

stay granted by this Court.

4. The matter was listed on 07.06.2023. On the said date, none

appeared for the respondent. As such, the matter was kept today.

Today also, none appears for the respondent. In view of the two

Division Bench orders as referred to above on the similar issue, the

present writ appeal is allowed. The impugned order of the learned

Single Judge is set aside. There will be no order as to costs.

Consequently, connected miscellaneous petition is closed.

                                                           (S.V.G., CJ.)             (P.D.A., J.)
                                                                           13.06.2023

                     Index : yes/no
                     Neutral Citation        : Yes/No

                     sra

https://www.mhc.tn.gov.in/judis W.A. No. 1732 of 2021

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(sra)

WA No.1732 of 2021

13.06.2023

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