P RATHAMANI W/O GO POOPATHI Vs. SECRETARY

JUDGEMENT

(1.) Revision Petitioner seeks review of the common judgment of this Court passed in W.A.Nos.338 and 395 of 2012 on 26.09.2016. Review Petition No.100 of 2017, seeks review of the judgment in W.A.No.395 of 2012 while Review Petition No.211 of 2017 seeks review of that in W.A.No.338 of 2012.

(2.) Heard Mr.R.Viduthalai, learned senior counsel for review petitioner, Ms.C.N.G.Niraimathi, learned counsel for first respondent in both petitions, Mr.Sanjay Mohan, learned senior counsel for Ms.N.Kavitha for second respondent in Rev.P.No.100/2017 and fourth respondent in Rev.P.No.211/2017 and Mr.S.N.Parthasarathy, learned Government Advocate for respondents 2 and 3 in Rev.P.No.211/2017. Perused the materials placed on record.

(3.) First respondent Tamil Nadu Public Service Commission (TNPSC) vide Advertisement No.208 dated 29.07.2009, invited applications towards direct recruitment to five different posts in the Department of Indian Medicine and Homoeopathy falling under the Tamil Nadu Medical Service (Service Code No.048). Ten vacancies were notified for the post of Professor (Homoeopathy) (post Code No.3205). Petitioner applied for such post under OMR Application No.AF441234 on 25.08.2009. Contending that she held requisite educational qualification as well as professional and teaching experience, she had performed extremely well in the written examination held on 22.09.2009, she was surprised that her registration No.01002200 did not find a place in the list of selected candidates published by first respondent TNPSC on 25.06.2010 and that she came to understand that she had not been called for the interview/oral test scheduled for 13.07.2010 and 14.07.2010 allegedly for the reason that she had not the requisite professional experience, petitioner filed W.P.No.14788 of 2010 seeking 'Issuance of Writ of Mandamus directing the respondent to decide that the petitioner has got full and requisite professional/practical experience as stated in the petitioner's OMR Application No.AF441234 submitted to the respondent along with copies of relevant certificates and documents as required for selection for the post of Professor (Homoeopathy) notified in the respondent's Advertisement No.208 dated 29.07.2009 and consequently select the petitioner for the post of Professor (Homoeopathy) on merit upon Written Examination held on 22.11.2009 and Oral Test (interview) to be held by virtue of interim orders as may be granted by this Honourable Court and by following the Rule of Reservation.' In support of her contention of requisite professional experience, she has produced a certificate of professional experience issued by Tamil Nadu Homoeopathy Medical Council under its proceedings in Lr.No.383/TNHMC/10 dated 02.07.2010. Such certificate informed that she had more than 16 years of professional experience in Homoeopathy and that her registration was in force. Under interim orders dated 12.07.2010, this Court permitted her to attend the interview/oral test held on 14.07.2010. At the interview, she had produced the above informed certificate before the Committee. Though petitioner scored the highest aggregate marks in both written and oral test viz., 261 marks, her result was withheld due to pendency of Writ Petition. W.P.No.14788 of 2010 was allowed on 18.10.2011 holding that the petitioner had requisite professional experience and consequently, she was declared selected and appointed as Professor (Homoeopathy) in the Government (Homoeopathy) College, Thirumangalam. Fourth respondent, having applied for the post of Professor (Homoeopathy), filed W.P.No.18766 of 2011 seeking appointment. W.P.No.18766 of 2011 was dismissed on 31.01.2012, where against fourth respondent preferred W.A.No.338 of 2012. Fourth respondent challenged the order passed in favour of petitioner in W.P.No.14788 of 2010 by way of a third party appeal in W.A.No.395 of 2012. Both fourth respondent Writ Appeals were allowed under common judgment dated 26.09.2016. Contending that this Court, in holding in favour of fourth respondent in the Writ Appeals, had not considered the Certificate of Professional Experience issued by the expert/concerned body, Tamil Nadu Homoeopathy Medical Council dated 02.07.2010, petitioner preferred Special Leave Petitions before the Honourable Supreme Court in SLP (CC) Nos.23132 and 23133 of 2016. The Honourable Supreme Court passed the following order on 09.12.2016: