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Supreme Court - Daily Orders

N.S. Sivakumar vs The Additional Chief Secretary To The ... on 27 January, 2020

Bench: R. Banumathi, A.S. Bopanna

                                                                1

                                                                                                   OUT-TODAY
     ITEM NO.19                                     COURT NO.5                            SECTION XII

                    S U P R E M E C O U R T O F I N D I A
                            RECORD OF PROCEEDINGS
        Petition(s) for Special Leave to Appeal (C) No(s). 2140/2020
     (Arising out of impugned final judgment and order dated 13-01-2020
     in WMP No. 113/2020 IN W.P.NO.95/2020 passed by the High Court Of
     Judicature At Madras)

     N.S. SIVAKUMAR                                                                          Petitioner(s)
                                                             VERSUS

     THE ADDITIONAL CHIEF SECRETARY
     TO THE GOVERNMENT OF TAMIL NADU & ORS.                                                  Respondent(s)

     (FOR ADMISSION and Interim Relief and
     IA No.11630/2020-PERM.TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEX.)

     Date : 27-01-2020 This petition was called on for hearing today.

     CORAM :
                               HON'BLE MRS. JUSTICE R. BANUMATHI
                               HON'BLE MR. JUSTICE A.S. BOPANNA

     For Petitioner(s)                       Mr.   E. Om Prakash,Sr.Adv.
                                             Mr.   D. Sreenivasan,Adv.
                                             Mr.   G. Ananda Selvam,Adv.
                                             Mr.   V. Vasantha Kumar,Adv.
                                             Ms.   G. Kanimozhi,Adv.
                                             Ms.   Lakshmi Ramamurthy, AOR

     For Respondent(s)

                         UPON hearing the counsel the Court made the following
                                             O R D E R

The petitioner is before this Court assailing Order dated 13.01.2020 in W.M.P. NO.113/2020 in W.P.NO.95/2020 whereby the Division Bench of the High Court of Judicature at Madras has declined to permit the petitioner to appear for examination by relaxing the age provided in Notification NO.2 dated 12.12.2019.

Having heard Mr. E. Om Prakash, learned senior counsel appearing for the petitioner, keeping in view the fact that the Signature Not Verified Digitally signed by MAHABIR SINGH writ petitions are pending before the High Court and presently the Date: 2020.01.27 16:49:53 IST Reason: issue is only with regard to the High Court of non-granting the permission to the petitioner to apply and appear for the examination for the post of District Judge, we do not propose to 2 intervene in the matter at this stage. However, we take take note of the contention as put forth by learned senior counsel appearing for the petitioner that the last date prescribed for filing/submitting the application is 31.01.2020 and the preliminary examination is to be held during the first week of April 2020.

Though in a normal circumstance, we refrain from requesting the High Court to dispose of the matter in a time frame, in the instant case since the urgency is made out and the High Court itself has indicated the next date instead of allowing the matter to linger on with interim orders, we request the High Court to take up the matter and dispose of the same on the date on which the High Court has itself fixed the writ petition(s) for consideration or within a period of three weeks thereafter.

Further the apprehension of learned senior counsel appearing for the petitioner about the last date for application would stand addressed since if ultimately the petitioner succeeds, the High Court would also take note of granting the time to file/submit the application of the petitioner notwithstanding the fact that the last date for the same would have elapsed.

With the above observation, the special leave petition is disposed of.

Pending applications, if any, shall also stand disposed of.

(MAHABIR SINGH)                                           (BEENA JOLLY)
 COURT MASTER                                             BRANCH OFFICER