The Court dismissed the writ petition seeking relief from recruitment without regularizing petitioners' services, holding that a Special Leave Petition is pending before the Supreme Court regarding the same grievance.
dismissed the writ petition and consequently connected miscellaneous petition, with liberty to approach the Supreme Court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:08.02.2011 CORAM
THE HONOURABLE MR. JUSTICE V. DHANAPALAN
W.P.(MD) No.1421 of 2011 and MP[MD]NO.2 OF 2011
1.J.Balasubramanian S/o.S.M.Janakiraman, No.2/104B South 1st Car street, Palkalai Nagar, Madurai District-2
2.K.Ayyakalai S/O.S.K.Kalungan Ambedkar Colony Vadapalanji, Madurai-2.
3.V.Rajaram S/o.Veerana Thevar, No.1/19-A Vadapalanji, Madurai-21
4.V.Pandi S/o.Veeranan, Rajambadi, Palkalai Naar, Madurai-2. 5.V.Veluchamy S/o.Veerasinnu, VOC Hostel MKU University, Palkalai Nagar, Madurai District-2. 6.T.Chelliah S/o.Thevan Karuppan Ambalam No.3/21 MGR Nagar, Aalampatti, Madurai-19. 7.S.Ramu S/o.V.Sethurama Krishnan, No.2/12 North Middle 2nd street, Madhuchiam, Madurai-20. 8.D.Velmani S/o.Duraipandi, No.3/16/45 South Street Aanaiyur, Madurai – 17. 9.K.Sivapandi S/o.V.P.Karuppiah No.3/146 Palkalai Nagar, Madurai-2. ... Petitioners vs. Madurai Kamaraj University Represented by its The Registrar, https://hcservices.ecourts.gov.in/hcservices/ Madurai District. ... Respondent
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Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus to forbear the respondent from making any recruitment to the clerical posts (Clerk) in the respondent University without considering the claim of the petitioners for regularisation to the post of clerks.
For Petitioners : Mr.Louis for Mr.T.Lajapathi Roy For Respondent : Mr.E.V.N.Siva for Mr.Isaac Mohanlal
O R D E R
By consent, the Writ Petition is taken up for disposal. Heard Mr.Louis for Mr.T.Lajapathi Roy, counsel for the petitioner and Mr.E.V.N.Siva, for Mr.Isaac Mohanlal appearing for the respondent University.
2.The prayer of the petitioner is to forbear the respondent from making any recruitment to the clerical posts (Clerk) in the respondent University without considering the claim of the petitioners for regularisation to the post of clerks.
3.It is brought to the notice of this Court an order of the Division Bench of this Court dated 21.08.2007 in W.A.No.711 of 2005, wherein the petitioners' grievance for regularisation of their services, who are put in more than seven years of service, has already been decided and as against the same a Special Leave Petition has been filed in SLP No.2412 of 2009 and the order of the Hon'ble Supreme Court passed therein is also annexed in the typed set of papers at page No.31. Therefore, the prayer of the petitioners in respect of the University restraining them from making any appointment, without regularising their services, has already been seized by the Hon'ble Supreme Court. When Judicial discipline requires that there cannot be any conflicting exercise of jurisdiction under Article 226 of the Constitution of India. Therefore, this Writ Petition is dismissed, however with liberty to the petitioner to go before the Hon'ble Apex Court to redress their grievance. Consequently connected Miscellaneous Petition is also dismissed. No costs.
RR Sd/Deputy Registrar[W] /True copy/
TO
Assistant Registrar
The Registrar, Madurai Kamaraj University, Madurai District.
+1 cc to Mr.Isaac Mohanlal, Advocate SR.No.5050.
W.P.No.1421 of 2011 and M.P.No.2 of 2011 Dated:08.02.2011
RPB 03.03.2011
1 issue framed by the court
Whether to issue a writ of Mandamus to restrain the respondent University from recruiting clerks without considering the petitioners' claim for regularization of their services.
Colour shows how this judgement treated each authority
Division Bench of this Court dated 21.08.2007Referred¶15
W.A.No.711 of 2005
Hon'ble Supreme CourtExplained¶15
S.L.P. No.2412 of 2009
1 provisions across 1 enactments
J.Balasubramanian and others
Madurai Kamaraj University
V. Dhanapalan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
