The Tamil Nadu Public Service Commission. Vs. M.N.Mohammed Ali & Ors.
EmailAppeal: Civil Appeal Nos. 447-48 of 1988.
Petitioner: The Tamil Nadu Public Service Commission.
Respondent: M.N.Mohammed Ali & Ors.
Apeal: Civil Appeal Nos. 447-48 of 1988.
Judges: E.S.VENKATARAMIAH & N.D.OJHA,JJ.
Date of Judgment: Apr 12, 1988
Head Note:
CIVIL SERVICE
Appointment of District Munsifs – Respondent offering not to press his claim for appointment if allowed to be treated as a candidate at the selection of District Munsifs – Public Service Commission allowed the age relaxation and willing to treat the respondent as a candidate along with others at the selection – Order of the High Court accordingly substituted.
JUDGEMENT:
O R D E R
1. After this case was heard for sometime, Dr. Y.S.Chitale, learned counsel for the ~4~ Shri M.N. Mohammed Ali, very fairly submitted that the respondent, Shri M.N.Mohammed Ali would not press his claim to be appointed as District Munsif pursuant to the judgment of the High Court provided the Tamil Nadu Public Service Commission is willing to treat his as a candidate at the selection for District Munsifs, the proceedings of which are now in progress by relaxing the qualification regarding age insofar as he is concerned. Shri C.S.Vaidyanathan, learned counsel for the appellant – Tamil Nadu Public Service Commission submits that the Commission is willing to treat the respondent, Shri M.N.Mohammed Ali as a candidate along with others whose cases are being considered now for appointment as District Munsifs without insisting on the qualification of age on Shri M.N.Mohammed Ali submitting an application giving necessary particulars within four weeks. In view of the above, we do not consider it necessary to express our opinion on the correctness of the decision of the High Court and leave all contentions open. On Shri M.N.Mohammed Ali filing his application within four weeks as stated above, the Tamil Nadu Public Service Commission shall treat him as a candidate along with the others at the selection which is now in progress. The above order is passed in substitution of the order passed by the High Court.
2. We are sure that the fact that Shri M.N.Mohammed Ali had approached the Court for relief in this case will not be held against him by the Public Service Commission.
3. The appeals are disposed of accordingly. No costs.
1. After this case was heard for sometime, Dr. Y.S.Chitale, learned counsel for the ~4~ Shri M.N. Mohammed Ali, very fairly submitted that the respondent, Shri M.N.Mohammed Ali would not press his claim to be appointed as District Munsif pursuant to the judgment of the High Court provided the Tamil Nadu Public Service Commission is willing to treat his as a candidate at the selection for District Munsifs, the proceedings of which are now in progress by relaxing the qualification regarding age insofar as he is concerned. Shri C.S.Vaidyanathan, learned counsel for the appellant – Tamil Nadu Public Service Commission submits that the Commission is willing to treat the respondent, Shri M.N.Mohammed Ali as a candidate along with others whose cases are being considered now for appointment as District Munsifs without insisting on the qualification of age on Shri M.N.Mohammed Ali submitting an application giving necessary particulars within four weeks. In view of the above, we do not consider it necessary to express our opinion on the correctness of the decision of the High Court and leave all contentions open. On Shri M.N.Mohammed Ali filing his application within four weeks as stated above, the Tamil Nadu Public Service Commission shall treat him as a candidate along with the others at the selection which is now in progress. The above order is passed in substitution of the order passed by the High Court.
2. We are sure that the fact that Shri M.N.Mohammed Ali had approached the Court for relief in this case will not be held against him by the Public Service Commission.
3. The appeals are disposed of accordingly. No costs.
