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2008 DIGILAW 205 (MAD)

M. Chokkalingam v. State of Tamil Nadu, rep. by its Secretary, Public (Special A) Department, Fort St. George, Chennai & Another

2008-01-23

M.VENUGOPAL, SUDHANSU JYOTI MUKHOPADHAYA

body2008
Judgment :- S.J. Mukhopadhaya, J. The petitioner, who is an advocate practising at Madurai and belonging to Backward Category, appeared for the examination conducted for recruitment to the post of District Judge, pursuant to the advertisement/Notification dated 10.08.2003. Applications were called for to fill up 10 vacancies as given below:- General Turn : 3 (1 woman) Scheduled Castes : 2 (1 woman) Most Backward Classes and Denotified Communities : 2 Backward Classes : 3 (1 woman) The petitioner, having not been selected, has preferred this Writ Petition for a direction on the respondents to furnish the details of all the 30 shortlisted candidates, who attended the viva-voce examination for the post of District Judge by way of Direct Recruitment pursuant to the oral interview held on 26.04.2004 and 27.04.2004. 2. Learned counsel appearing on behalf of the petitioner submits that separate writ petitions have been filed by the petitioner challenging the appointment of those persons/candidates, who have been appointed as District Judges. 3. No counter affidavit has been filed by the respondents. 4. Learned Additional Government Pleader is not in a position to furnish details of such candidates in the absence of any affidavit. 5. We have heard the counsels for the parties and noticed the prayer made in the Petition. After filing of the Writ Petition, the Right to Information Act, 2005 (hereinafter referred to as Act) came into operation, under which, the petitioner can ask for relevant details for his information and the authority concerned is bound to furnish the same unless there is exclusive and specific exemption for such authority to disclose the information sought for. Inasmuch as recourse is available to the petitioner in the light of the Act, while allowing him to approach the concerned respondent, we make it clear that if any application is filed by the petitioner under the Provisions of the Act coupled with deposit of requisite amount, the appropriate authority may furnish the petitioner with the details sought for by him. In case of any adverse decision, the authority shall record reasons/grounds for rejection and communicate the same to the petitioner at once. 6. Writ Petition stands disposed of with the aforesaid observation. There shall be no order as to costs.