Madras High Court
A.Karthikeyan vs Union Of India Represented By on 8 August, 2022
Author: D.Krishnakumar
Bench: D.Krishnakumar
W.P. No.17383 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.08.2022
CORAM
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
W.P. No. 17383 of 2022 and
WMP Nos.16692, 16693 and 16705 of 2022
1. A.Karthikeyan
2. S.Partibane ... Petitioners
Vs.
1. Union of India represented by
the Chief Secretary to Government,
Government of Puducherry,
Chief Secretariat,
Puducherry.
2. The Secretary Law Department,
Government of Puducherry,
Chief Secretariat,
Puducherry.
3. The Under Secretary to Government,
Law Department,
Government of Puducherry,
Chief Secretariat,
Puducherry.
4. R.Sreedhar
(R4 impleaded vide order dated 18.07.2022
made in WMP No.17520/2022) ... Respondents
Writ Petition filed under Article 226 of the Constitution of India, for the
issuance of a writ of Certiorarified Mandamus, to call for the records of the 3rd
respondent made in No.3003/18/2021-LD, dated 24.06.2022 and quash the
same and consequently direct the 3rd Respondent to continue with the interview
https://www.mhc.tn.gov.in/judis
1
W.P. No.17383 of 2022
conducted as per the order No.3003/18/2021-LD issued on 16.06.2021 and
order No.3003/18/2021-LD-II, 06.12.2021 passed by the 3rd Respondent and
appoint the petitioners to the post of Law Officers as published therein.
For Petitioners : Mr.Gnanasekar, for
Mr.K.Sathiyavel
For Respondents : Mr.V.Balamurugane,
Additional Government Pleader (Pondicherry)
for R1 to R3
No appearance for R4
ORDER
This Writ Petition is filed challenging the call letter, dated 24.06.2022 issued by the 3rd Respondent for the post of Law Officers in various Courts at Puducherry.
2. The petitioners are practicing as Advocates for more than 14 years in Subordinate Courts in Puducherry. The 3rd Respondent issued a notification, dated 16.06.2021 in G.O.Ms.No.3003/18/2021-LD, calling for applications from Advocates for appointment of Law Officers, on contract basis, to various Courts in the Union Territory of Puducherry/High Court, Madras / CAT, Madras Bench/NGT at New Delhi /CAT, Principal Bench, New Delhi / AOR, Supreme Court, under the Puducherry Law Officers (Appointment and Conditions of Service), Rules, 2021”. In pursuance to the same, the petitioners had submitted their applications for the post of Law Officers. Subsequently, in addition to the https://www.mhc.tn.gov.in/judis 2 W.P. No.17383 of 2022 notification issued on 16.06.2021, the 3rd respondent again issued another notification, dated 06.12.2021, calling applications for the appointment of law Officers to Various Courts in the Union territory of Puducherry and it has been stated that the applicants, who have applied earlier, need not apply again and they may only update their applications with further details, if any. Thereafter, on 25.03.2022, the 2nd respondent has sent call letters for interview to all the candidates, who have applied to the posts. However, it has been informed that due to administrative reasons, the interview scheduled for the post of Law Officers in Subordinate Courts on 22.04.2022 and 23.04.2022 stands halted. Hence, interview was conducted till 21.04.2022 for 112 candidates including the petitioners and marks were awarded and thereafter, there was no progress in this issue. In this circumstance, the 3rd respondent again issued a call letter on 24.06.2022 proposing to conduct interview to all the candidates which according to the petitioners, is unjust and violation of principles of natural justice .
3. The learned counsel for the petitioners submitted that the petitioners had applied for the post of Public Prosecutor and Additional Public Prosecutor to represent before the Subordinate Courts at Puducherry. According to the petitioners, the entire selection process has already been completed and the https://www.mhc.tn.gov.in/judis 3 W.P. No.17383 of 2022 final selection list alone is yet to be published.
4. According to the writ petitioners, they have made a representation before this Court on 01.08.2022, stating that the petitioners had participated in the selection process and attended interview and hence they are not pressing the writ petition, challenging the selection process. But, the petitioners are insisting upon this Court for a direction to the respondent/Government to publish the final selection list for appointment of law officers for Pondicherry. The respondents have also completed the selection process by 16.07.2022. Therefore, this Court had directed the Government Pleader, Pondicherry, to file a status report on 03.08.2022.
5. Today i.e., 08.08.2022, when the matter is taken up for hearing, the 3rd respondent has filed a status report wherein it had been stated that 147 applicants had appeared for the interview commencing from 07.07.2022 to 16.07.2022. It is seen from the status report that the interview had been conducted and results are yet to be published. In this circumstance, the learned counsel for the petitioners insisted this Court to give a direction to the respondents to publish the selection list based on the aforesaid interview conducted for the post of Law Officers for Pondicherry without any delay. However, the status reports states that most of the candidates applied for more https://www.mhc.tn.gov.in/judis 4 W.P. No.17383 of 2022 than one post and hence it requires time to consider the relative merits for selection to a particular post as Law officers representing for Pondicherry Government. It further states that the approval of the Hon'ble High Court of Madras is also required for appointment of Public Prosecutor and Additional Public Prosecutor.
6. Considering the submission made by the learned Additional Government Pleader (Pondicherry) that the selection list will be published after getting necessary approval from the Government and in the light of the report submitted by the 3rd respondent, by consent of both sides, this Court directs the respondent/Government to take immediate steps to publish the final selection list of the Law Officers representing for Pondicherry, based on the interview conducted, within a period of three weeks from the date of receipt of a copy of this order, and the appointment order shall be issued to the selected candidates within two weeks thereafter, without any deviation from the selection process. The said stipulated period applies to the law officers representing for Pondicherry and High Court, Madras, except for the Law Officers, namely Public Prosecutor and Additional Public Prosecutor, High Court of Madras, which requires approval from the High Court of Madras.
https://www.mhc.tn.gov.in/judis 5 W.P. No.17383 of 2022 D.KRISHNAKUMAR, J.
vum
7. With the above observation and direction, this Writ Petition stands disposed of. Consequently, connected miscellaneous petitions are closed. No costs.
08.08.2022
Note: Issue order copy today (10.08.2022)
Index : Yes / No
Speaking Order / Non speaking order
vum
To
1. The Chief Secretary to Government,
Union of India, Government of Puducherry,
Chief Secretariat,Puducherry.
2. The Secretary Law Department,
Government of Puducherry,
Chief Secretariat,Puducherry.
3. The Under Secretary to Government,
Law Department, Government of Puducherry,
Chief Secretariat, Puducherry.
W.P. No. 17383 of 2022 and
WMP Nos.16692, 16693 and 16705 of 2022
https://www.mhc.tn.gov.in/judis
6