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Showing contexts for: selection process completed in M.S.Balamurugan vs The State Of Tamil Nadu on 12 October, 2020Matching Fragments
29.In view of the settled law, this Court is of the opinion that there is no merits in the preliminary objections raised by the respondent with regard to the maintainability of the writ petition in W.P.(MD)No.7189 of 2020 and accordingly, I reject the preliminary objections.
30.As far as the preliminary objections raised in W.P.(MD)No. 15586 of 2020 is concerned, on the ground of delay and latches, this Court is of the view that the petitioner in the said writ petition is working as Associate Professor and he is eligible to be appointed as a Professor, if the impugned notification was issued considering the department as one unit. In the present case, the petitioner belongs to Scheduled Caste, whereas the posts reserved as per the notification is for MBC. Therefore, certainly the petitioner lost his opportunities even for making the application. Thus, the contention of the respondents that the petitioner not even made application is not sustainable on the preliminary objections when the petitioner belongs to Scheduled Caste and the post is called for, under MBC quota. Further, the notification was stayed by this Court and the selection process not yet complete. Hence, there is no bar for the petitioner to file the present writ petition before completion of the selection.
73.In view of the above, I propose to allow these writ petitions. Accordingly, these writ petitions are allowed. No costs. Consequently, connected Miscellaneous Petitions are closed.
Mark a copy to the Chief Secretary to take appropriate action in the light of the above observations.
75.W.P.(MD)No.14776 of 2020:
(i).This writ petition is filed seeking direction to the respondents to complete the selection process consequent to the notification dated 08.07.2019.