The Hindu : Advocate's petition against TNPSC for Chief Justice

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Sunday, Jun 08, 2003

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Advocate's petition against TNPSC for Chief Justice

By Our Legal Correspondent

NEW DELHI June 7. The Supreme Court has adjourned the proceedings on a petition filed by a fresh law graduate challenging a judgment of the Madras High Court rejecting his plea that the Tamil Nadu Public Service Commission (TNPSC) should be directed to permit him to sit for the examination for the post of civil judge.

A vacation Bench, comprising Justice N. Santosh Hegde and Justice Shivaraj V. Patil, on Thursday directed that the petition be placed before the Chief Justice for passing appropriate orders after it was brought to the notice of the Bench that a similar matter had already been dismissed by a three-judge Bench headed by the Chief Justice.

The petitioner, Ashok Subramania Raja, had challenged the TNPSC's notification imposing conditions for the post of civil judge (junior division), viz. the applicant should have either four-year bar experience or four-year service experience. He contended that a fresh graduate should also be allowed to take the examination.

Disposing of the petition, the High Court issued certain directions, including the one asking the State Government to issue a fresh notification.

The special leave petition by the advocate was directed against the impugned directions and the TNPSC notification.

On May 19, the vacation Bench issued notice to the TNPSC and other respondents and asked the TNPSC to accept the petitioner's application for the post.

When the matter came up for further hearing on June 5, it was brought to the notice of the Bench that a similar petition had been dismissed.

Hence the Bench felt that the matter should be dealt with by the same three-judge Bench which had decided a similar petition.

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