On a writ petition challenging recruitment notifications and qualifications posted belatedly after the deadline, the Madurai Bench dismissed the plea for interim stay, stating the court was unable to grant relief due to the delay in approaching the court.
No interim stay granted; petition closed due to belated filing.
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 ( Special Original Jurisdiction )
Wednesday, the Third day of October Two Thousand and Eighteen
PRESENT The Honble Mr.Justice T.RAJA The Honble Mr.Justice KRISHNAN RAMASAMY
WMP(MD) No.18537 of 2018 IN WP(MD) No.20785 of 2018
P.THANGAPANDI ... PETITIONER / PETITIONER
Vs 1.THE CHAIRMAN, UNIVERSITY GRANTS COMMISSION, BAHADUR SHAH ZAFAR MARG, NEW DELHI 110 002. 2.THE SECRETARY, LAW DEPARTMENT, FORT.ST.GEORGE, CHENNAI-9. 3.THE MEMBER SECRETARY, TEACHERS RECRUITMENT BOARD, EVK SAMPATH BUILDINGS, COLLEGE ROAD, CHENNAI-9. 4.THE DIRECTOR, DIRECTOR OF LEGAL STUDIES, PURASAWALKKAM HIGH ROAD, KILPAUK, CHENNAI-10. 5.THE REGISTRAR, THE TAMILNADU DR.AMBEDKAR LAW UNIVERSITY, NO.5, GREEN WAYS ROAD, CHENNAI-28. 6.THE REGISTRAR, THE TAMILNADU NATIONAL LAW SCHOOL, DINDIGUL MAIN ROAD, NAVALURUKUTAPPATTU, TRICHY-620 027. 7.THE SECRETARY, BAR COUNCIL OF INDIA, NO.21, ROUSE AVENUE, https://hcservices.ecourts.gov.in/hcservices/ INSTITUTIONAL AREA, NEW DELHI 110 002.
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8.THE SECRETARY, BAR COUNCIL OF TAMILNADU & PUDUCHERRY, MADRAS HIGH COURT CAMPUS, CHENNAI – 104. ... RESPONDENTS / RESPONDENTS
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to stay of operation of and all further proceedings pursuant to the impugned Notification No.2/2018 dated 18/07/2018 issued by 3rd respondent the details of vacancies as per G.O.MS.No.464 Law( LS) Department dated 17/07/2017 issued by the 2nd respondent pending disposal of the above WP.
Prayer in WP(MD). 20785/ 2018 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Certiorarified Mandamus to call for 2nd respondent G.O.Ms.No.264 Law (LS) Department , dated on 20/12/2005 and subsequently 3rd respondent impugned Notification No.2/20118 dated 18/07/2018 in clause (4) qualifications Assistant Professor (pre law) sub clause (ii) and (iv) issued by 3rd respondent and quash the same in so far as the petitioner is concerned and consequently direct the 3rd respondent to issue revised notification in respect of education qualification for the post of Assistant Professor Pre Law and to permit the petitioner to participate in the selection process of Direct recruitment of Assistant Professor / Assistant Professors (Pre-law) in Government Law colleges 2017-2018 the details of vacancies as per the G.O.Ms.No.464 Law (LS) Department dated 17.07.2017 issued by the 2nd respondent and to pass such further or other orders.
ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.V.VENKATESAN, Advocate for the petitioner and of Mr.V.R.SHANMUGANATHAN, Special Government Pleader, for the R1 to R3 and Mr.NIRANJA S KUMAR, Advocate for the R8 on behalf of the Respondents the court made the following order:-
Learned counsel for the petitioner fairly submitted that the last date for submitting the application was over long back i.e. On 06.08.2018. Since the petitioner has come to this court so belatedly, we are unable to grant any interim order and this petition is closed.
/ TRUE COPY /
Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court,
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TO
1.THE CHAIRMAN, UNIVERSITY GRANTS COMMISSION, BAHADUR SHAH ZAFAR MARG, NEW DELHI 110 002. 2.THE SECRETARY, LAW DEPARTMENT, FORT.ST.GEORGE, CHENNAI-9. 3.THE MEMBER SECRETARY, TEACHERS RECRUITMENT BOARD, EVK SAMPATH BUILDINGS, COLLEGE ROAD, CHENNAI-9. 4.THE DIRECTOR, DIRECTOR OF LEGAL STUDIES, PURASAWALKKAM HIGH ROAD, KILPAUK, CHENNAI-10. 5.THE REGISTRAR, THE TAMILNADU DR.AMBEDKAR LAW UNIVERSITY, NO.5, GREEN WAYS ROAD, CHENNAI-28. 6.THE REGISTRAR, THE TAMILNADU NATIONAL LAW SCHOOL, DINDIGUL MAIN ROAD, NAVALURUKUTAPPATTU, TRICHY-620 027. 7.THE SECRETARY, BAR COUNCIL OF INDIA, NO.21, ROUSE AVENUE, INSTITUTIONAL AREA, NEW DELHI 110 002. 8.THE SECRETARY, BAR COUNCIL OF TAMILNADU & PUDUCHERRY, MADRAS HIGH COURT CAMPUS, CHENNAI – 104. ORDER IN WMP(MD) No.18537 of 2018 IN WP(MD) No.20785 of 2018 https://hcservices.ecourts.gov.in/hcservices/ Date :03/10/2018 RAM/JC/SAR 4/16.10.2018/3P/9C
2 issues framed by the court
Whether an interim stay order can be granted given the belated filing of the writ petition past the deadline.
Whether to allow the petitioner to participate in the selection process for Assistant Professor (Pre-law) posts.
3 provisions across 3 enactments
P. THANGAPANDI
THE CHAIRMAN, UNIVERSITY GRANTS COMMISSION, NEW DELHI
THE SECRETARY, LAW DEPARTMENT, CHENNAI
THE MEMBER SECRETARY, TEACHERS RECRUITMENT BOARD, CHENNAI
THE DIRECTOR, DIRECTOR OF LEGAL STUDIES, KILPAUK
THE REGISTRAR, THE TAMILNADU DR. AMBEDKAR LAW UNIVERSITY, CHENNAI
T. RAJA
KRISHNAN RAMASAMY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
