S JAMALDEEN Vs. HIGH COURT OF MADRAS

JUDGEMENT

(1.) On perusal of the record, we find that the judgment reported in S. Jamaldeen v. High court of Madras of which review is sought in these review petitions, was rendered without notice being issued by this court to the High court of Madras, the government of Tamil Nadu and the Tamil Nadu public service commission. By this judgment, the judgment of the division bench of the High court was reversed. In our opinion, notice to these three respondents, particularly the High court of Madras, was essentialbefore deciding the case on merits and reversing the decision of the High court. This fact being apparent from the record itself, we deem it expedient to recall this judgment in exercise of our suo motu powers. Accordingly, the judgment of this court reported in S. Jamaldeen v. High court of Madras is recalled and set aside, save and except the grant of leave thereby.

(2.) The result is that Civils Nos. 2106-09 of 1997 with Civil Appeal No. 2110 of 1997 arising from the judgment dated 7/2/1995 of the Madras High court in WPs Nos. 17737-38, 18121 and 18162 of 1994, will now be reheard on merits after notice to the High court of Madras, the government of Tamil Nadu and the Tamil Nadu public service commission and all the parties to the writ petitions filed in the High court who have not already entered appearance in these matters in this court. The parties who have entered appearance in these matters before us have taken notice of this order and stated before us that no further notice to them is necessary. The Civils be listed for hearing before the appropriate bench after service on all the parties is complete.

(3.) In view of the above order made by us in exercise of our suo motu powers, no order on these review petitions is called for. The review petitions are, therefore, dismissed subject to the above order.