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[Cites 16, Cited by 0]

Madras High Court

P.Pugalenthi vs High Court Of Judicature At Madras on 13 October, 2017

Bench: Indira Banerjee, M.Sundar

        

 
IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:  13.10.2017

CORAM :

The Hon'ble Ms.INDIRA BANERJEE, CHIEF JUSTICE
AND
The Hon'ble Mr.JUSTICE M.SUNDAR 

W.P. No.26445 of 2017

P.Pugalenthi							.. Petitioner
						Vs.

1.High Court of Judicature at Madras,
   represented by the Registrar General,
   High Court of Madras,
   Chennai-600 104.

2.C.Karthikeyan
3.D.Brindhavanam
4.G.Madhu Sudhana Reddy
5.P.C.Annapoorani
6.V.Rajameenakshi
7.M.Jeyamani
8.R.Arunraja
9.M.Mohanasundaram
10.G.Meena
11.S.Eswari
12.V.Bama
13.K.Vanitha
14.K.Somasundarm
15.J.Vasanthi
16.P.Kannagi
17.V.Venkatasubramanian
18.K.Gopinath
19.S.Nagamuthu
20.G.Laxmi
21.P.Shakila
22.B.Damodaran
23.Lakshmi Nunna
24.S.Rajasekar
25.I.Jebakani
26.V.Satheesh
27.A.Mohan
28.K.Mahalakshmi
29.I.Sylvia Punitha Kumari
30.S.Jothilakshmi
31.S.Vijayalakshmi
32.C.Karthika-I
33.Syedahumera
34.T.Ravikumar
35.P.Veerachinnammal
36.M.S.Kajal Beevi
37.S.Meenakchi Sundaram
38.R.M.Visuwanathan
39.S.Prabha Devi
40.M.Suresh Venkatesan
41.S.Somasundaram
42.R.Anuradha
43.K.Thanga Thandapani
44.B.Poornima
45.R.Nallasamy
46.S.Jagan
47.L.Saravana Kannan
48.M.Thangapriya
49.G.Venkatesh Babu
50.K.Robin Rajkumar
51.A.Ravikumar
52.V.Rajaguru
53.K.Kalyani
54.S.Revvathi-II
55.S.Raja
56.J.Jeyakanthan
57.V.G.Vazhaiyanandam
58.V.Sarath Chander
59.N.Umadevi
60.G.Shiela
61.R.Kavitha
62.A.Amco Kalaima Arasi
63.N.Ranggaraj
64.T.Naga Sanjeeva Rao
65.S.Sumathi-I
66.Anurekha Jayasankar
67.R.Srinivasan
68.J.Prabhu
69.J.Sheela Raichel
70.K.Veeralakshmi
71.G.Srinivasan
72.N.Srinivasan
73.S.Prema
74.S.Rajkumar-I
75.V.Paramaguru
76.C.Selvam
77.N.Saravanamuthu
78.S.Savarimuthu
79.S.Saraswathi
80.A.Ganapthy
81.S.Sumathi-II
82.K.Rajesh
83.D.Balasubramaniam
84.S.Dhanasekar
85.P.Ranganayaki
86.N.PAri
87.K.Kamala
88.N.Kalavathi
89.R.Paramasivam
90.M.Kubendran
91.R.Vijayakumar-I
92.H.John Kennedy
93.G.Guruvammal
94.Theivvarayan @ Murugan.M
95.N.Achuthan
96.S.Gurunathan
97.K.Premkumar
98.D.Nirmala
99.N.Arumugam
100.D.Karpagam
101.K.Sukanya
102.L.Chitra
103.C.Saraswathi
104.M.A.Saraswathi
105.G.Sudhalakshmi
106.A.Kavitha
107.M.Umamaheswari
108.John Paul
109.J.Nalini
110.M.S.Priya
111.P.Chandira
112.R.Kavitha
113.T.Subhashini
114.G.Saravanakumar
115.A.Kishorekumar
116.C.Subhashini
117.S.Anbalagan
118.S.Dasthagiri
119.K.Vani
120.S.Balu
121.G.Srinivasalu
122.A.R.Kamala Gandhi
123.S.Jhansi
124.B.Gokulnath
125.V.Shakila
126.R.Ravichandran
127.A.Kamalakannan
128.S.Manjula
129.D.Santhanakrishnan
130.S.Senthilnathan
131.A.Abdul Khader
132.S.Rajarajeswari
133.S.Santh
134.S.Yuvarajamoorthi
135.R.Renukalakshmi
136.R.Vadivel
137.G.Surender
138.S.Umaiyal
139.D.Chakrapani
140.G.Hema
141.S.M.Mohammed Miya Khan
142.K.Selvarani
143.S.M.Vasugi
144.S.Karpagam
145.S.Karpagam
146.K.Subbulakshmi
147.R.Sudharasana
148.S.Duraivel
149.V.Janhakiraman
150.R.Vimalarani
151.R.S.Sivaram
152.A.M.Kaja Mohideen
153.P.Anbu
154.P.Ramalakshmi
155.S.Sulochana
156.N.Madhusuthanan
157.S.B.Rajini
158.G.Geetharani
159.K.Kavithapriya
160.V.Mahalakshmi
161.P.Meenakshi
162.K.Mareeswari
163.S.Rajeswari
164.R.Chendhamarai Kannan
165.S.Balu
166.G.Velmeena
167.A.Premalatha
168.G.Soundararajan
169.P.Shanthi
170.D.Mahalakshmi
171.B.Krishnapriya
172.M.Savitha
173.K.Uma Chandrika
174.T.Palanivel
175.M.Devan
176.R.Parameswari
177.V.Sujatha
178.T.E.Subramani
179.V.Chitra
180.N.Gunasundari
181.S.Rajendiran
182.S.Ganapathy Subramanian
183.T.Bagavathy
184.V.Jarin Santhosh
185.S.Ashok Kumar
186.A.Moovendran
187.P.Jansi Rani
188.V.Mani
189.J.Vasanthi
190.S.Shanmugamani
191.V.M.Jeyasudha
192.L.Padmapriya
193.K.Pushpalatha
194.S.Rajeswari
195.N.Santhi
196.K.A.Khaja Mohideen
197.B.Maragatham
198.K.Sujitha
199.T.Premavathy
200.R.Parveen Banu
201.N.Abdul Rahim
202.S.Baskaran
203.S.Saravanan-II
204.S.Krishnaa
205.K.Devi
206.G.Balamurugan
207.R.Saravanan
208.A.Badhroon Sulaiha
209.N.Vinoth Kumar
210.J.Archana
211.P.Vetri Selvi
212.E.Varatharajan
213.K.V.Dimple
214.V.Raghupathiraja
215.S.Kalidass
216.P.Suja
217.V.Muthukumar
218.V.Sajeev Kumar
219.T.Nagaraj
220.D.Aron Devanbu
221.M.Manoharan
222.K.Arumugachander
223.S.Selvam
224.S.V.Srithar
225.M.B.Rani Chandra
226.G.Ananda Ramakrishnan
227.N.Valavan
228.B.T.Adhiseshan
229.M.Pushpanathan
230.M.Tirupathi
231.S.Sethuraman
232.S.Subbiah-III
233.M.Sivakumar
234.P.Shanmugaraj
235.M.Rathinavel
236.V.Rajalakshmi
237.S.Amsath Ibrahim
238.N.Giri
239.B.L.Palanivelu
240.B.Sathish Kumar
241.T.Radhika
242.G.Kalai Chelvi
243.K.Jayakrishnan
244.N.Rajesh Kannan
245.R.Alagiriswamy
246.J.Ghouse Basha
247.R.Banumathi
248.J.Suresh
249.P.Devasenapathy
250.R.Durgavathi
251.N.Thenarasu
252.P.Balaji
253.S.K.Hameed
254.K.S.Lakshmi Narayanan
255.C.Rajasekar
256.D.Anandan-II
257.P.Ramalingam
258.A.Alagappan
259.S.Bhuvaneswari
260.S.Kasinathan
261.D.Gopinath
262.M.Sundaresan
263.K.Bharathi Raja
264.D.Mullai Vasuki
265.S.Karthick
266.E.Ponnurangam
267.R.Revathi
268.M.Sumathi
269.S.Venkatesh
270.V.Chandravathana
271.A.Arivalakan
272.S.Karthikeyan-I
273.M.Paramasivam
274.S.Kattacheeniyammal
275.S.Malathi Devi
276.R.Immaculate Francisca Sharmi
277.N.G.Murugan
278.S.Vasudevan
279.A.Mareeswaran
280.M.Marimuthu-I
281.K.G.Shanmugasundaram
282.S.Sundar Ganesh
283.R.Sundareswara Perumal
284.P.Muneeswaran
285.D.Daniel Raj
286.B.Ravindra Babu
287.K.Sheela
288.M.P.Arthanareeswaran
289.J.Agnus Camlin Anusha
290.M.Selvam
291.M.Rajiv Gandhi
292.I.Kalirajan
293.G.Sakthivel
294.K.Sivakumar
295.K.Krishna Mohan
296.D.Prabbhu
297.V.Alex
298.R.Guruvu
299.A.Anand
300.R.Thavamani Kiruba
301.R.Devavaram
302.N.Rajesh Kumar
303.R.Sitharthi
304.S.Umamaheswari
305.T.Daniel Dhas
306.T.Suresh
307.S.Breeta Punitha Rosline
308.A.Sikkandhar Basha
309.J.Mahalakshmi
310.C.Mahalingam
311.C.Alfred Marshall
312.S.Jothipandian
313.S.Sudharsan
314.V.Ramathan-I
315.P.Amarnath		  				.. Respondents

Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Declaration declaring that the initial appointments of respondents 2 to 315 in respondent No.1 High Court are null and void and consequently directing respondent No.1 High Court to issue a public advertisement for the resultant vacancies in accordance with the law laid down by the Supreme Court in Excise Supdt. Malkapatnam Vs. K.B.N.Visveshwara Rao [(1996) 6 SCC 216]. 

		For Petitioner	: Mr.M.Radhakrishnan

		For Respondents 	: Mr.B.Vijay for R-1


ORDER

(Order of the Court was made by the Hon'ble Chief Justice) This writ petition by way of Public Interest Litigation has been filed by a public spirited Advocate, seeking a writ of declaration that the initial appointments of respondent Nos.2 to 315 in this High Court are null and void and consequential direction on the High Court to issue a public advertisement for filling up the resultant vacancies in accordance with law.

2. We have given our anxious thought to whether the writ petition should be taken up by a Bench presided by the Chief Justice. The counsel submitted that they have no objection to this Bench taking up the writ petition. In any case, we have to invoke the doctrine of necessity as the writ petition is against the High Court and the High Court means the Chief Justice and all His companion Judges. Moreover, the writ petition pertains to recruitments, some of which took place even before either of us was elevated as High Court Judge and all the recruitments in question were made when neither of us was Judge of this Court. The appointments impugned in this writ petition were not cleared by this Chief Justice, and this Chief Justice had nothing to do with the same.

3. It seems that the challenge to the appointments is on the sole ground that no public advertisements had been issued, the posts were not given publicity and persons who could have applied could not do so as they had no knowledge of the recruitment. However, there does not appear to have been any challenge to the recruitments by any person claiming to have been denied opportunity to participate in the recruitment process.

4. Be that as it may, the question is whether we should interfere with appointments which were made by the High Court, 12 to 15 years ago. The persons appointed have all been confirmed in service. They have been rendering service for years and some of them have even been promoted to higher posts.

5. It is true that there is no limitation for filing a writ petition and the High Court is not debarred from entertaining a delayed writ petition. However, the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India is discretionary. It is well settled that High Courts should refrain from exercising discretionary jurisdiction in case of delay and laches, particularly where such delay and laches have given rise to accrual of rights.

6. There is no hard and fast rule as to when the High Court should refuse to exercise jurisdiction in favour of a party who moves the writ petition after considerable delay and is otherwise guilty of laches, but such discretion must be exercised judiciously and reasonably, as held by the Supreme Court in Tukaram Kana Joshi & Ors. v. Maharashtra Industrial Development Corporation & Ors., reported in (2013) 1 SCC 353.

7. Whether the Court would entertain a writ petition, notwithstanding the delay, or reject the writ application on the ground of delay, would depend upon various factors, including the gravity of the impugned action, the extent of the injury caused to the writ petitioner by the impugned action, the reasons for the delay, whether the delay has resulted in crystallization of third party rights and interests, whether any vested right has accrued to the respondent by reason of delay and whether grant of relief will upset and/or unsettle settled things.

8. In State of Maharashtra v. Digambar, reported in (1995) 4 SCC 683, the Supreme Court held:-

"19. Power of the High Court to be exercised under Article 226 of the Constitution, if is discretionary, its exercise must be judicious and reasonable, admits of no controversy. It is for that reason, a person's entitlement for relief from a High Court under Article 226 of the Constitution, be it against the State or anybody else, even if is founded on the allegation of infringement of his legal right, has to necessarily depend upon unblameworthy conduct of the person seeking relief, and the court refuses to grant the discretionary relief to such person in exercise of such power, when he approaches it with unclean hands or blameworthy conduct.
20. Laches or undue delay, the blameworthy conduct of a person in approaching a court of equity in England for obtaining discretionary relief which disentitled him for grant of such relief was explained succinctly by Sir Barnes Peacock, long ago, in Lindsay Petroleum Co. v. Hurd thus:
"Now the doctrine of laches in Courts of Equity is not an arbitrary or a technical doctrine. Where it would be practically unjust to give a remedy, either because the party has, by his conduct, done that which might fairly be regarded as equivalent to a waiver of it, or where by his conduct and neglect he has, though perhaps not waiving that remedy, yet put the other party in a situation, in which it would not be reasonable to place him if the remedy were afterwards to be asserted, in either of these cases, lapse of time and delay are most material. But in every case, if an argument against relief, which otherwise would be just, is founded upon mere delay, that delay of course not amounting to a bar by any statute or limitations, the validity of that defence must be tried upon principles substantially equitable. Two circumstances, always important in such cases, are, the length of the delay and the nature of the acts done during the interval, which might affect either party and cause a balance of justice or injustice in taking the one course or the other, so far as it relates to the remedy."

..................

23. Therefore, where a High Court in exercise of its power vested under Article 226 of the Constitution issues a direction, order or writ for granting relief to a person including a citizen without considering his disentitlement for such relief due to his blame-worthy conduct of undue delay or laches in claiming the same, such a direction, order or writ becomes unsustainable as that not made judiciously and reasonably in exercise of its sound judicial discretion, but as that made arbitrarily."

9. In Swaika Properties (P) Ltd. and Anr. v. State of Rajasthan and Ors., reported in (2008) 4 SCC 695, the Supreme court rejected the contention of the writ petitioners that there had been no delay, having regard to the particular facts of the case observing.

"14. ...........No doubt, the appellants had filed a writ petition before the Calcutta High Court challenging the acquisition proceedings, but the said writ petition was dismissed by this Court on 8-4-1985 holding that the Calcutta High Court did not have the territorial jurisdiction to entertain the writ petition. Thereafter, till 1987 the appellants did not challenge the acquisition proceedings and the writ petition was filed by it before the Rajasthan High Court which had the territorial jurisdiction in the matter and the same was withdrawn which was again filed within the next four months thereof meaning thereby, during the interregnum the appellants slept over the matter. However, the appellants have not been able to give any explanation for the same."

10. In Swaika Properties (P) Ltd. and Anr. v. State of Rajasthan and Ors. (supra), the Supreme Court reiterated and reaffirmed the proposition laid down in its earlier judgment in Municipal Corporation of Greater Bombay v. Industrial Development Investment Co. (P) Ltd., reported in (1996) 11 SCC 501, that where there was inordinate delay in filing the writ petition, and when all steps taken in the acquisition proceedings had become final, the Court should be loath to quash the notifications.

11. In Municipal Council, Ahmednagar and Anr. v. Shah Hyder Beig and Ors., reported in (2000) 2 SCC 48, the Supreme Court held:

"....It is now a well-settled principle of law and we need not dilate on this score to the effect that while no period of limitation is fixed but in the normal course of events, the period, the party is required for filing a civil proceeding ought to be the guiding factor. While it is true that this extraordinary jurisdiction is available to mitigate the sufferings of the people in general but it is not out of place to mention that this extraordinary jurisdiction, has been conferred on to the law courts under Article 226 of the Constitution on a very sound equitable principle, Hence, the equitable doctrine, namely, 'delay defects equity' has its fullest application in the matter of grant of relief under Article 226 of the Constitution. The discretionary relief can be had provided one has not by his act or conduct given a go-bye to his rights. Equity favours a vigilant rather than an indolent litigant and this being the basic tenet of law, the question of grant of an order as has been passed in the matter as regards restoration of possession upon cancellation of the notification does not and cannot arise. The High Court as a matter of fact lost sight of the fact that since the year 1952, the land was specifically reserved for public purposes of school playground and roads in the development plan and may reason therefore, the notification to acquire the land has, therefore, been issued under the provisions of the Act as stated above."

12. In Kamini Kumar Das Chowdhury v. State of West Bengal, reported in AIR 1972 SC 2060 : (1972) 2 SCC 420, the Supreme Court held that it is imperative, if the petitioner wants to invoke extraordinary remedy available under Article 226 of the Constitution, that he should come to the Court at the reasonable possible opportunity.

13. In R.N.Bose v. Union of India, reported in AIR 1970 SC 470, the Supreme Court observed that it would be unjust to deprive the respondents of the rights which are accrued to them. Appointment and promotion effected a long time ago could not be set aside after the lapse of a number of years.

14. In Roshanlal v. International Airport Authority, reported in AIR 1981 SC 597, the Supreme Court refused to entertain writ petition filed in 1978 challenging the validity of the appointment made in 1975 and reopen the question.

15. In this case, there is not a whisper in the writ petition of the reason for the delay in filing the writ petition. The writ petitioner, an advocate by profession, claims to have filed this writ petition in public interest. He has stated that he filed the writ petition immediately after he came to know that the appointments in question had been made illegally without issuance of public notices and/or advertisements, thereby eliminating competition from eligible candidates who may have applied if they had known about the recruitment.

16. Over the last several decades, a new class of litigations, namely, public interest litigations, have emerged. The object of public interest litigation is to make justice available to the public.

17. In pro bono publico proceedings, the Courts intervene when the attention of the Courts is drawn to illegality either by any overt action or by any inaction on the part of the State. Pro bono public interest litigation gives way to substantive concern for deprivation of rights. The rule of locus standi has been diluted.

18. In a public interest litigation, the Court is not simply a disinterested and dispassionate adjudicator, but an active participant in the dispensation of justice. The key facts in public interest litigation are deprivation of rights  the need to secure the rights of a deprived class. However, in entertaining and deciding a public interest litigation under Article 226 of the Constitution of India, the Courts have to adhere to the limits of its extraordinary power of review as formulated by judicial decisions. Just because the writ petition before the High Court is by way of a public interest litigation, it is not open to the High Court to give complete go-bye to the principles for entertaining writ applications enumerated by judicial decisions of the Supreme Court and the High Courts, including restraint in case of existence of an alternative remedy, except in certain exempted circumstances such as violation of fundamental rights, violation of principles of natural justice, perversity, want of jurisdiction and the like.

19. Similarly, a Court cannot ignore gross delay of decades and entertain a writ petition just because the writ petition is by way of a public interest litigation and the petitioner contends that he did not know of the illegality earlier.

20. Our attention has been drawn by learned counsel appearing on behalf of the High Court to a judgment of the Supreme Court in Girjesh Shrivastava and others Vs. State of Madhya Pradesh and others, reported in (2010) 10 SCC 707 and Dr.B.Singh Vs. Union of India and others, reported in (2004) 3 SCC 363.

21. In Dr.B.Singh supra, the Supreme Court observed and held :

16. As noted supra, a time has come to weed out the petitions, which though titled as public interest litigations are in essence something else. It is shocking to note that courts are flooded with a large number of so-called public interest litigations, whereas only a minuscule percentage can legitimately be called as public interest litigations. Though the parameters of public interest litigation have been indicated by this Court in a large number of cases, yet unmindful of the real intentions and objectives, courts at times are entertaining such petitions and wasting valuable judicial time which, as noted above, could be otherwise utilized for disposal of genuine cases. Though in Duryodhan Sahu (Dr) v. Jitendra Kumar Mishra [(1998) 7 SCC 273 : 1998 SCC (L&S) 1802 : AIR 1999 SC 114] this Court held that in service matters PILs should not be entertained, the inflow of the so-called PILs involving service matters continues unabated in the courts and strangely are entertained. The least the High Courts could do is to throw them out on the basis of the said decision. This tendency is being slowly permitted to percolate for setting in motion criminal law jurisdiction, often unjustifiably just for gaining publicity and giving adverse publicity to their opponents. The other interesting aspect is that in the PILs, official documents are being annexed without even indicating as to how the petitioner came to possess them. In one case, it was noticed that an interesting answer was given as to its possession. It was stated that a packet was lying on the road and when out of curiosity the petitioner opened it, he found copies of the official documents. Apart from the sinister manner, if any, of getting such copies, the real brain or force behind such cases would get exposed to find out whether it was a bona fide venture. Whenever such frivolous pleas are taken to explain possession, the court should do well not only to dismiss the petitions but also to impose exemplary costs, as it prima facie gives impression about oblique motives involved, and in most cases shows proxy litigation. Where the petitioner has not even a remote link with the issues involved, it becomes imperative for the court to lift the veil and uncover the real purpose of the petition and the real person behind it. It would be desirable for the courts to filter out the frivolous petitions and dismiss them with costs as aforestated so that the message goes in the right direction that petitions filed with oblique motive do not have the approval of the courts.

22. In Girjesh Shrivastava supra, the Supreme Court observed :

15. In Duryodhan Sahu (Dr.) v. Jitendra Kumar Mishra [(1998) 7 SCC 273 : 1998 SCC (L&S) 1802] a three-Judge Bench of this Court held that a PIL is not maintainable in service matters. This Court, speaking through Srinivasan, J. explained the purpose of administrative tribunals created under Article 323-A in the backdrop of extraordinary jurisdiction of the High Courts under Articles 226 and 227. This Court held: (SCC p. 281, para 18) 18.  If public interest litigations at the instance of strangers are allowed to be entertained by the [Administrative] Tribunal, the very object of speedy disposal of service matters would get defeated. Same reasoning applies here as a public interest litigation has been filed when the entire dispute relates to selection and appointment.
16. In B. Srinivasa Reddy v. Karnataka Urban Water Supply & Drainage Board Employees' Assn. [(2006) 11 SCC 731 (2) : (2007) 1 SCC (L&S) 548 (2)] this Court held that in service matters only the non-appointees can assail the legality of the appointment procedure (see SCC p. 755, para 51 of the Report).
17. This view was very strongly expressed by this Court in Dattaraj Nathuji Thaware v. State of Maharashtra [(2005) 1 SCC 590] by pointing out that despite the decision in Duryodhan Sahu [(1998) 7 SCC 273 : 1998 SCC (L&S) 1802], PILs in service matters continue unabated. This Court opined that the High Courts should throw out such petitions in view of the decision in Duryodhan Sahu [(1998) 7 SCC 273 : 1998 SCC (L&S) 1802] (SCC p. 596, para 16).

23. It is not necessary for this Court to go into the question of whether this writ petition should have been entertained as Public Interest Litigation or not in view of our observation made above that the writ petition is hopelessly barred by delay. It is true that the petitioner has made an averment that he came to know of the illegality only recently and filed the litigation immediately thereafter. We need not go into the correctness of the submission. If the petitioner, an Advocate propounding the cause of the public, had been more vigilant, he could have obtained the information whether by enquiries or by making an application under the Right to Information Act, 2005. The petitioner is purportedly espousing the cause of the people and the injustice caused to them by reason of their being denied opportunity to apply for the post. We cannot be oblivious to the injustice that would be caused to hundreds of employees who would be thrown out of employment for no fault of their own after having rendered service for so many years.

24. Learned counsel appearing on behalf of the petitioner had cited the judgment of the Supreme Court in Binod Kumar Gupta and others Vs. Ram Ashray Mahoto and others, reported in AIR 2005 SC 2103, where the Supreme Court observed if we allow the appellants to continue in service merely because they have been working in the posts for the last 15 years we would be guilty of condoning a gross irregularity in their initial appointment. The High Court has been more than generous in allowing the appellants to participate in any fresh selection procedure as may be held and in granting a relaxation of the age limit.

25. The judgment is not an authority for the proposition that whenever there is illegality, a writ petition must be entertained irrespective of whether there has been delay of over a decade in approaching the Court. On the other hand, a perusal of the facts reveal that the writ petition had been filed promptly, but a considerable period of time had elapsed till the matter ultimately came to the Supreme Court.

26. The writ petition cannot be entertained. It is, however, expected that in future, the High Court will issue public advertisements for direct recruitment to all permanent sanctioned posts in the High Court.

27. The writ petition is dismissed. No costs.

(I.B., CJ.)       (M.S., J.)
13.10.2017       
Index		: No
Internet	: Yes

vvk/sasi

To

The Registrar General,
High Court of Judicature at Madras,
High Court of Madras,
Chennai-600 104.


The Hon'ble Chief Justice
and             
M.Sundar, J.      


vvk/sasi









W.P.No.26445 of 2017













13.10.2017