Madras High Court

WP/15850/2019 of S.Raghupathi Vs The Member Secretary on 24 September 2026

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WP No. 15850 of 2019

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-09-2026

CORAM

THE HON'BLE MR.JUSTICE T. VINOD KUMAR

WP No. 15850 of 2019

CNR: {HCMA010944222019}

and

WMP.Nos.15668 & 15670 of 2019

S.Raghupathi

S/o.D.Shankar,

No.179, Dr.Santhosh Nagar,

Egmore, Chennai - 8.

..Petitioner

Vs

1.The Member Secretary

Teachers Recruitment Board,

College Road, Chennai – 6.

2.Mr.Aswhin alias Bejamin,

S/o.Dhakshinamurthy,

4/40, Mogappiar West,

Chennai - 37.

3.The Director of Legal Studies,

198, Purasawalkam High Road,

Pava Puri Colony, Lumbini Square,

Purasaiwakkam, Chennai - 10.

(R3 impleaded vide order dated 08.10.2025

made in WMP.No.27046/2019 in

WP.15850/2019 by TVKJ)

4.The Secretary,

Tamil Nadu Public Service Commission,

Chennai.

(R4 Suo motu impleaded vide Order

dated 29.07.2026 made in WP.15850/2019

by TVKJ)

..Respondents

Prayer: Writ Petition is filed under Article 226 of the Constitution of India,

WP No. 15850 of 2019

praying to issue a Writ of Certiorarified Mandamus, to call for the records relating to the Provisional Selection of the second respondent under SC Turn to the post of Assistant Professor / Assistant Professor (Pre Law) in Government Law College 2017 - 2018 in the Branch of 01 - International Law, to quash the same in so far as the second respondent is concerned, and to consequently direct the first respondent to consider and appoint the petitioner in the said SC Turn forthwith thereto.

For Petitioner :

Mr.L.Chandrakumar

For Respondents :

No Appearance for R1

Mr.S.Saravanakumar for R2

Mr.C.P.Goutham

Government Advocate for R3

No Appearance for R4

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O R D E R

Heard the learned counsel for the petitioner and the learned Government Advocate appearing for the third respondent and the learned counsel for the second respondent and there is no representation for the respondents 1 and 4.

2. The petitioner by the present writ petition had sought for the issuance of a Writ of Certiorarified Mandamus or any other appropriate writ or order, calling for the records relating to the first respondent's proceedings dated Nil of the provisional selection of the second respondent under the SC turn to the post of Assistant Professor/Assistant Professor (Pre Law) in Government Law College during the year 2017-2018, pursuant to the notification issued for the year 2017-2018 in the Branch of 01-International Law on the ground that the 2nd respondent is not entitled to be appointed against the vacancy reserved for SC turn and to quash the said appointment with a consequential prayer to direct

WP No. 15850 of 2019 the first respondent to consider the appointment of the petitioner in the said SC turn forthwith.

3. While the present writ petition was pending consideration before this Court, the third respondent/Government, who was impleaded in the present writ petition by this Court on 08.10.2025, had informed this Court of the third respondent having initiated necessary action in relation to the claim made by the petitioner in the present writ petition with regard to the appointment of the second respondent.

4. The learned Government Advocate had informed this Court earlier that the third respondent by obtaining opinion/view of the fourth respondent had issued a letter dated 11.08.2026 to the second respondent and called upon the second respondent to submit his explanation thereto; and that the third respondent, on receiving the explanation of the second respondent, had taken further action and had dismissed the second respondent from service vide proceedings dated 17.09.2026.

5. The learned Government Advocate by submitting as above, has placed before this Court a copy of G.O.Ms.No.266 dated 16.09.2026 and the proceedings dated 17.09.2026 issued to the second respondent, dismissing him

WP No. 15850 of 2019 from service, whereby the third respondent had imposed the major penalty on the second respondent of dismissal from service under Rule 8 of Tamil Nadu Civil Services (Discipline and Appeal) Rules.

6. The learned Government Advocate by submitting as above, has placed before this Court a copy of G.O.Ms.No.266 along with the communication dated 17.09.2026, by which the aforesaid Government Order dismissing the second respondent from the service was served on him.

7. In view of the above, since, the main grievance of the petitioner in the present writ petition relates to the appointment of the second respondent to the post reserved for SC turn, and the third respondent having taken action under G.O.Ms.No.266 dated 16.09.2026, this Court is of the view that there is no necessity to pass further orders in the present writ petition, since the petitioner's grievance stands redressed by the aforesaid action of the respondents.

8. Insofar as the consequential relief sought for by the petitioner of appointing him to the post is concerned, since a mandamus cannot be issued directing the respondents to appoint the petitioner without examining the eligibility or otherwise of the petitioner and also as to whether the third respondent intends to continue with the aforesaid appointment/recruitment or

WP No. 15850 of 2019 intends to issue notification afresh for recruitment, this Court is of the view that the third respondent is to be directed to take a decision in the above regard.

9. Subject to the above observations, the present writ petition is disposed of. Consequently, connected miscellaneous petitions are closed. No order as to costs. 24-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No dh To

1. The Member Secretary Teachers Recruitment Board, College Road, Chennai – 6.

2. The Director of Legal Studies, 198, Purasawalkam High Road, Pava Puri Colony, Lumbini Square, Purasaiwakkam, Chennai – 10.

3. The Secretary, Tamil Nadu Public Service Commission, Chennai.

WP No. 15850 of 2019 T.VINOD KUMAR, J. dh WP No. 15850 of 2019 24-09-2026

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