Madras High Court
Thirumalmurugan vs The Government Of Tamil Nadu on 4 October, 2023
W.P.No.17610 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.10.2023
CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.P.No.17610 of 2023
Thirumalmurugan .. Petitioner
Vs
1.The Government of Tamil Nadu,
rep. by its Additional Chief Secretary,
Secretariat, Chennai-600 009.
2.The Government of Pudhucherry,
through the Chief Secretary to Government,
Chief Secretariat, Puducherry.
3.The Principal Secretary to Government,
Higher Education Department,
Secretariat, Chennai-600 009.
4.The Principal Secretary to Government,
Department of Education,
Puducherry.
5.All India Council for Technical Education,
Indira Gandhi Sports Complex,
I.P. Estate, New Delhi-110 002.
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W.P.No.17610 of 2023
6.University Grants Commission,
rep. by its Secretary,
Bahadurshah Zagar Marg,
New Delhi-110 022.
7.The Distance Education Council,
rep. by its Director,
Maidan Garhi,
New Delhi-110 068. .. Respondents
Prayer : Petition filed under Article 226 of the Constitution of India
seeking issuance of a writ of mandamus directing the second and
third respondents to issue a circular/clarification/order to consider the
judgment of the Supreme court in Orissa Lift Irrigation Corp. Ltd., v.
Rabi Sankar Patro and Ors Civil Appeal Nos.17869-17870/2017 dated
13.11.2017 and judgment of the Punjab and Haryana High Court in All
India Council for Technical Education Vs. Jatinder Singh LPA No.474 of
2020 dated 28.09.2022 when considering promotion of employees who
have completed B.E/B. Tech and M.E/M. Tech in distance mode.
For the Petitioner : Ms.M.Karpagam
For the Respondents : Mr.P.Muthukumar
State Government Pleader
assisted by Mrs.R.Anitha
Special Government Pleader
for respondents 1 and 3
: Mr.S.Raveekumar
Govt. Pleader (Puducherry)
for respondents 2 and 4
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W.P.No.17610 of 2023
ORDER
(Order of the court was made by the Hon'ble Chief Justice)
We have heard Ms.M.Karpagam, learned counsel for the
petitioner; Mr.P.Muthukumar, learned State Government Pleader,
assisted by Mrs.R.Anitha, learned Special Government Pleader for
respondents 1 and 3; and, Mr.S.Raveekumar, learned
Government Pleader (Puducherry) for respondents 2 and 4.
2. The present writ petition is filed in public interest.
3. Learned counsel for the petitioner submits that
respondents 2 and 3 may be directed to issue circular/
clarification/order to consider the judgment of the Supreme Court
in the case of Orissa Lift Irrigation Corporation Limited v. Rabi
Sankar Patro and others, (2018) 1 SCC 468, while considering
promotion of employees who have completed B.E./B.Tech. and
M.E./M.Tech. in distance mode and pass orders as it may deem
fit.
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W.P.No.17610 of 2023
4. The present public interest litigation is filed on the
ground that while considering the promotions of employees who
have completed B.E./B.Tech. and M.E./M.Tech. in distance mode,
the judgment of the Apex Court in Orissa Lift Irrigation
Corporation Limited, supra, may be adhered to.
5. If the promotional right of any person is affected by the
action of the respondents, then the aggrieved party can approach
the court. The public interest litigation cannot be filed in service
matters and/or in matters affecting the service conditions. The
only exception is seeking issuance of a writ of quo warranto.
6. The aggrieved person can always approach the court if
his/her rights of promotion are affected.
7. The public interest litigation, as such, stands disposed of.
There will be no order as to costs. Consequently,
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W.P.No.17610 of 2023
W.M.P.No.16698 of 2023 is closed.
(S.V.G., CJ.) (D.B.C., J.)
04.10.2023
Index : Yes/No
Neutral Citation : Yes/No
sasi
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W.P.No.17610 of 2023
To:
1.The Additional Chief Secretary,
Government of Tamil Nadu,
Secretariat, Chennai-600 009.
2.The Chief Secretary to Government,
Government of Pudhucherry,
Chief Secretariat, Puducherry.
3.The Principal Secretary to Government,
Higher Education Department,
Secretariat, Chennai-600 009.
4.The Principal Secretary to Government,
Department of Education,
Puducherry.
5.All India Council for Technical Education,
Indira Gandhi Sports Complex,
I.P. Estate, New Delhi-110 002.
6.The Secretary,
University Grants Commission,
Bahadurshah Zagar Marg,
New Delhi-110 022.
7.The Director,
Distance Education Council,
Maidan Garhi,
New Delhi-110 068.
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W.P.No.17610 of 2023
THE HON'BLE CHIEF JUSTICE
AND
D.BHARATHA CHAKRAVARTHY,J.
(sasi)
W.P.No.17610 of 2023
04.10.2023
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