The State of Tamil Nadu and Others vs M. Raja and Others

V. Ramasubramanian, J.—All the writ appeals are filed by the State challenging a common order passed by the learned Judge in a group of four writ petitions, setting aside the notification for appointment to the post of Assistant Tourism Officer.

Heard Mr. K. Chellapandian, learned Additional Advocate General appearing for the State and Mr. T. Lajapathi Roy, learned Counsel appearing for the respondents.

The appellants invited a list of candidates from the Employment Exchange, for filling up certain posts of Assistant Tourism Officers. Upon coming to know of the same and upon finding that their own names were not sponsored, the respondents herein filed the writ petitions. The writ petitions were allowed by a learned Judge by an order dated 13.08.2012, directing the appellants to make wide publicity in the newspapers before resorting to recruitment. This was on the basis of the law laid down by the Honourable Supreme Court in Excise Superintendent Malkapatnam, Krishna District, A.P. Vs. K.B.N. Visweshwara Rao and Others, , which was followed in Arun Kumar Nayak Vs. Union of India (UOI) and Others, ; State of Orissa and Another Vs. Mamata Mohanty, and in State of Bihar Vs. Upendra Narayan Singh and Others, . Aggrieved by the said order, the State has come up on appeal.

Though the law laid down by the Honourable Supreme Court which is followed by the learned Judge in the orders impugned in these appeals, holds the field as on date, it appears that the recruitments were already over on 26.07.2012, by the time when the common order came to be passed on 13.08.2012. The selected and appointed candidates were not parties before the Court.

The limited grievance of the State is that after the order of the learned Judge, the State issued public advertisement and followed the law laid down by the Honourable Supreme Court. But insofar as the recruitment in question is concerned, it was already over by the time the writ petitions were disposed of. Therefore, as a consequence of the order passed by the learned Judge, it is not possible to throw the persons already appointed out of employment. Hence, the writ appeals are allowed and the order of the learned Judge is modified to the extent that the persons already appointed by the time the common order dated 13.08.2012 was passed, shall not be disturbed by this order. Future recruitments shall follow the procedures prescribed. No costs. Consequently, the connected miscellaneous petitions are closed.