LAWS(MAD)-2008-2-32

STATE OF TAMIL NADU Vs. P SUDHAKAR

Decided On February 28, 2008
STATE OF TAMIL NADU, REP. BY THE SECRETARY TO GOVERNMENT Appellant
V/S
P. SUDHAKAR Respondents

JUDGEMENT

(1.) W.P. No.3462 of 2007 has been filed under Article 226 of the Constitution of India, directing the respondents to consider the name of the petitioner, who is in the reserve list No.14 in Scheduled Caste for appointment to the post of Assistant Surgeon in Tamil Nadu Medical Service in one of the vacancies arising out of the non joining of selected candidates within thirty days limit provided under conditions (ii) of the notification of the first respondent-TNPSC dated 22.7.99. Heard learned counsel appearing for the parties.

(2.) DURING pendency of W.P. No.24942 of 2003, it is brought to our notice that connected Original Application No.2564 of 2001, which was renumbered as W.P. No.3462 of 2007, had come to this Court on abolition of the Tribunal. Hence the said writ petition is also listed along with W.P. No.24942 of 2003.

(3.) IN this connection, it is necessary to refer to the decision of the Supreme Court reported in UDYAMI EVAM KHADI GRAMODYOG WELFARE SANSTHA v. STATE OF U.P. (2007 AIR SCW 7656), wherein the Supreme Court observed as follows:-