S VENKATESWARAN Vs. CHIEF SECRETARY GOVERNMENT OF TAMIL NADU; SECRETARY PUBLIC [SPECIAL A] DEPARTMENT FORT ST GEORGE; REGISTRAR GENERAL HIGH COURT OF MADRAS; D LINGESWARAN; INSPECTOR OF POLICE

JUDGEMENT

(1.) The petitioner claims to be a practicing Advocate and he is also one of the candidates who applied for the post of District Judge [Entry Level] to the Tamil Nadu State Judicial Services in terms of the Notification published in the News Daily on 02.05.2013. The petitioner was successful in his written examination and also participated in the Viva Voce ; but was not selected. It is the specific case of the petitioner that the 4th respondent who was selected, at the time of submission of the application for recruitment to the said post, had suppressed the fact of his involvement as 4th accused in Crime No.16 of 2004 for the commission of the offences under sections 147, 341 and 323 IPC, which, after investigation, has culminated in a charge sheet in CC.No.9617/2004 on the file of the Court of VII Metropolitan Magistrate, George Town, Chennai, and as such, the petitioner has sought for the quashment of the Selection List and to appoint him in the vacant place, by filing the present writ petition.

(2.) The petitioner, in the affidavit filed in support of this writ petition would state that he belongs to Most Backward Class Community, namely, Mahendra Medara" and is a practicing Advocate in Karur, for more than 7 years on the date of the above said Notification. In the Application Form to be submitted by the applicants, as per Serial Numbers / Column Numbers 14 and 15, the candidate should make a declaration as to whether he is involved in any litigation, civil or criminal and whether any criminal complaint pending investigation or trial and ever convicted or acquitted in any criminal case. It is the specific case of the petitioner that the 4th respondent, while filling up the Application, has stated "NO" in respect of Column Nos.14 and 15, though he is very well aware of the fact of being arrayed as 4th accused in the above said crime number / case. The petitioner also took a legal stand that in similar facts and circumstances one S.Panidarajan, whose selection as a District Judge [Entry Level] came to be cancelled and the said S.Panidarajan made a challenge by filing WP.No.739 of 2012 and a Division Bench of this Court, vide order dated 16.07.2012, has upheld the order of cancellation and in the light of the said order, the appointment of the 4th respondent is to be quashed and the petitioner should be selected and appointed as District Judge [Entry Level] in the vacant place and hence, the petitioner came forward to file the present writ petition.

(3.) Mr.S.Doraisamy, learned counsel appearing for the petitioner would submit that pendency of this writ petition, the petitioner filed an application under section 6 of the Right to Information Act, 2005, to the Bar Council of Tamil Nadu and Puducherry, as to the persons in the name of "Lingeswaran" who got enrolled as Advocates and the Bar Council of Tamil Nadu and Puducherry, has furnished the information. As per the information furnished, three Advocates in the name of "Lingeswaran.D", "Lingeswaran.J" and "Lingeswaran.M" got enrolled. The Date of Birth of the 4th respondent is 10.05.1974 and has given his address bearing Door No.7/21-A, Nethaji Nagar, Kotta Karai, Gummidipoondi, and he got enrolled on 09.08.2000 and was assigned with the Enrollment No.1044/2000 and insofar as the other Advocates, viz., J.Lingeswaran and M.Lingeswaran, are concerned, they were enrolled on 07.08.2011 and 07.12.2007 only and on the date of Notification, they were ineligible to apply for the said post. It is the further submission of the learned counsel appearing for the petitioner that the Headmaster of the Government High School, Ponneri, has also given information under the Right to Information Act, stating that the 4th respondent was born on 10.05.1974 and as per the School Records, the address is No.18.C, GNT Road, Gummidipoondi. The learned counsel has invited the attention of this Court to the Final Report filed by the 5th respondent and the following are the persons who are arrayed as parties by the prosecution:-