P. Aruljothi vs. Union Of India

ITEM NO.26 COURT NO.12 SECTION XII

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) Nos. 16498-16499/2019

(Arising out of impugned final judgment and order dated 22-11-2017 in WP No. 33988/2015 22-11-2017 in WP No. 33989/2015 passed by the High Court of Judicature at Madras)

KARTHIKEYAN & ORS. Petitioner(s)

VERSUS

UNION OF INDIA & ORS. Respondent(s)

(IA No. 44659/2019 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT)

WITH

Diary No(s). 8628/2018 (XII) (IA No. 182802/2022 - APPROPRIATE ORDERS/DIRECTIONS and IA No. 112844/2022 – CLARIFICATION/DIRECTION and IA No. 44813/2018 - CONDONATION OF DELAY IN FILING and IA No. 135900/2018 - EXEMPTION FROM FILING O.T. and IA No. 135898/2018 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)

Date : 21-11-2023 These matters were called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE J.K. MAHESHWARI HON'BLE MR. JUSTICE K.V. VISWANATHAN

For Petitioner(s)

Mr. A. Sirajudeen, Sr. Adv. Mr. Ankolekar Gurudatta, AOR Mr. Korada Pramod Kumar, Adv. Mr. V. Chitambaresh, Sr. Adv. Mr. Govind Chitambaresh, Adv. Mr. Milind P. Singh, Adv. Ms. Rajkumari Banju, AOR

For Respondent(s)

Mr. Aravindh S., AOR Digitally signed by Nidhi Ahuja Date: 2023.11.23 16:58:24 IST Reason: Signature Not Verified

Mrs. Naghma Imtiaz, Adv. Mr. Zargham Ahmed, Adv.

Mr. Abbas, Adv.

Mr. Saif Naseem, Adv. M/S. Equity Lex Associates, AOR Mr. R. Anand Padmanabhan, Adv. Ms. Ruchi Arya, Adv. Mr. Shashi Bhushan Kumar, AOR Mr. Yusuf, AOR

UPON hearing the counsel the Court made the following O R D E R

Delay in filing the special leave petition in SLP (C)Diary No(s). 8628/2018 is condoned.

After hearing learned counsel for the parties, we found that the selections of the year 2011 have been assailed on the ground of not holding the examination in Tamil language in addition to English language giving options in terms of the Rules. The period of 12 years has already elapsed from selection and the candidates are in service since then, therefore, at this stage, we are not inclined to invoke our jurisdiction under Article 136 of the Constitution of India.

As informed by the learned counsel appearing for the parties, fresh selection process has been started which is in progress and the petitioners before the High Court who could not have participated/qualified in the previous selection have now become overaged, however, the State Government may be directed to grant relaxation of age, in particular, due to

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violation of the Rules made in the previous selection. It is also prayed that they may be permitted to participate in the new recruitment process.

Having considered the submissions and looking to the peculiar facts of the case, in our view, it would be appropriate to relegate the petitioners who were before the High Court to apply in the fresh ensuing recruitment by the State and due to their overage, the issue of relaxation may be considered by the Government or by specified authority objectively taking sympathetic view for grant of age relaxation.

In view of the foregoing, these special leave petitions stand disposed of.

Pending applications also stand disposed of.

(NIDHI AHUJA) (VIRENDER SINGH) AR-cum-PS BRANCH OFFICER