S P ARJUNAN Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) THE prayer in this writ petition is for issuing a writ of mandamus directing the State Government, Respondent No. 1, to issue order regarding appointment of the petitioner as Civil Judge, a post born in the Subordinate Judicial Services of the State Government.

(2.) BEREFT of unnecessary details, the facts may be noticed in brief: petitioner had appeared for the Tamil Nadu State Judicial Service for the post of Civil Judge (Junior Division)/judicial Magistrate, First Class held during the year 2001-2002. After being selected in the written examination, the petitioner was called for interview and his name was included in the name of successful candidates. As per the normal procedure, a successful candidate before being posted is required to undergo Training and Orientation Programme in the Tamil Nadu State Judicial Academy. The provisional selection was made by Tamil Nadu Public Service Commission on 19. 7. 2002. As per such communication, it was intimated that the petitioner may await a further communication from the Secretary to the Government in regard to production of certificate of physical fitness and his order of appointment. However, since there was some delay, the petitioner filed W. P. No. 38227 of 2002 for a direction to include his name in the two months Training-cum-Orientation Programme. By interim order dated 10. 10. 2002 in WPMP. No. 57473 of 2002, the following order was passed : -. . . It is reported by the Special Government Pleader that the petitioners name is likely to be considered after the police verification is over. It is reported that the orientation programme for the newly appointed Civil Judges is already on. Under these circumstances, we direct that the petitioner shall be allowed to join the Orientation Programme which is presently going on however subject to the police inquiry. Thereafter, the writ petition itself was listed on 13. 12. 2002 and was disposed of as being infructuous as the training had already been imparted as per the interim order passed by the High Court. Inspite of completion of the training, no further formal order appointing the petitioner was passed. The petitioner filed W. P. No. 4191 of 2003 seeking for a direction to issue order of appointment. During pendency of such writ petition, the petitioner made representation dated 11. 4. 2003 to the Secretary of the Home Department and subsequently, further representation dated 16. 6. 2003 was made to the State Minister of Law and Justice. In the first of such representation, the petitioner clarified about the controversy surrounding the grant of community certificate and emphasised the fact that the matter had come to rest and the Community Certificate had been issued in accordance with the direction issued by this Court in W. P. No. 5302 of 1997. In W. P. No. 4191 of 2003, the following order was passed:-

(3.) THEREAFTER, since the matter has again remained in the doldrums, the present writ petition has been filed with a prayer for issuing writ of mandamus.