Document Fragment View

Matching Fragments

“14. Considering the facts and circumstances of the case, more particularly that one seat was reserved for the appellant and the appellant was permitted to attend the viva voce subject to the outcome of the writ appeal and he has successfully cleared the viva voce and his name finds place in the provisional select list published on 15.03.2021, we are of the view that the benefit of the decision of the Honourable Division Bench in W.P.(MD) No. 19112 of 2020 etc. batch, dated 10.02.2021 should https://www.mhc.tn.gov.in/judis W.P.Nos.12833 & 12835 & 4852 of 2021 enure in favour of the appellant as well. We say so, because of the facts and circumstances of the case and the appellant had been vigilant in approaching the Court at the earliest point of time and after the dismissal of the writ petition, he had immediately filed the writ appeal, in which an interim direction was granted to reserve one seat. Therefore, the appellant having participated in the selection process, though subject to the outcome of the writ appeal, we are of the view that if the benefit of the order, dated 10.02.2021 in W.P.(MD) Nos.19112 of 2020 etc. batch is not extended to the appellant, it will be inequitable. Admittedly, the selection process is yet to be completed and on account of the appellant being permitted to undergo the medical test, it will in no manner hamper the selection process, which has been completed upto the stage of viva voce and provisional select list has been issued. Therefore, we are of the view that the case of the appellant is quite distinct and different from the other cases, where much after the completion of the selection process, the candidate would approach the Court.
47. However ilar view was taken in W.A.(MD)No.720 of 2021 vide order dated 27.07.2021, the same Division Bench, was dismissed the writ https://www.mhc.tn.gov.in/judis W.P.Nos.12833 & 12835 & 4852 of 2021 appeal filed by the writ petitioner, Manimaran with the following observations:-
“8. We need to examine as to whether the learned Writ Court was right in doing so. Admittedly, the writ petition was filed only on 15.03.2021 and listed for admission on 17.03.2021. As on 15.03.2021, the viva voce had been completed. Therefore, the selection process cannot be interdicted at that stage of the matter as the provisional select list had already been published and the only thing that remains to be done is to subject the provisionally selected candidates for medical test, which would be followed by issuance of appointment orders to the provisionally selected candidates, who are found to be medically fit. Therefore, the recruitment process having attained finality, the appellant cannot be directed to be permitted to participate in the viva voce i.e., the next stage of the selection process, when viva voce has already been completed and provisional select list has also been published.

49. The Division Bench of the Madurai Bench of this Court, while passing final order dated 27.07.2021 in W.A.(MD) No.720 of 2021 noted that the appellant-petitioner (V.Manimaran) had filed the writ petition only on 15.03.2021 which was listed for admission on 17.03.2021 and that the viva voice had been completed and therefore, the selection process cannot be interdicted at the stage of the matter as provisional selection had already been published and that only under that remains to be done is to subject the provisionally selected candidates for medical test, which would be followed by issuance of appointment orders to the provisionally selected candidates, who are found to be medically fit.

https://www.mhc.tn.gov.in/judis W.P.Nos.12833 & 12835 & 4852 of 2021

50. The Hon’ble Division Bench therefore observed that the recruitment process having attained finality, the appellant there could not be permitted to participate in the viva voice i.e., in the next stage of the selection process, when viva voice has already been completed and provisional select list has also been published and therefore the Court declined to interfere with the order of the Learned Single Judge in W.P.MD.No.6014 of 2021.