Madras High Court
S.Selvi vs The Director on 19 March, 2018
Author: S.M.Subramaniam
Bench: S.M.Subramaniam
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 19.03.2018
CORAM
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.(MD) No.5367 of 2012
and
M.P(MD)No.2 of 2012
S.Selvi ... Petitioner
-vs-
1.The Director,
Directorate of School Education,
D.P.I Compound,
College Road,
Nungambakkam,
Chennai.
2.The Member Secretary,
Teacher's Recruitment Board,
College Road, Chennai ? 600 006.
3.The Director of Employment and Training,
Guindy, Chennai-32. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India
for issuance of a Writ Certiorarified Mandamus calling for the records on
the file of the second respondent in connection with the sponsored candidates
under BC General Priority Cadre in the post of B.T.Assistant(English) sent
by the third respondent in his proceedings List No.Nil for the year 2012 and
to quash the same as illegal and arbitrary and consequently to direct the
respondents 1 and 2 to give effect to the earlier selection process done on
12.5.2010 for the post of B.T.Assistant for the year 2010-11 insofar as the
Petitioner is concerned within the time limit that may be stipulated by this
Court.
!For Petitioner : M/s.G.Thalaimutharasu
For Respondents : Ms.V.P.M.Vaishnavi
1 to 3 Government Advocate
:ORDER
The Writ Petitioner has challenged the list of sponsored candidates for recruitment to the post of B.T.Assistant(English), in the Department of Education. Further direction is sought for to appoint the Writ Petitioner as B.T.Assistant for the year 2010-2011.
2.The learned counsel for the Writ Petitioner states that the Writ Petitioner has completed B.A.(History) and B.Ed(History) and thereafter passed B.A English in the year 2009. He has registered his name both under the category Backward Class coming under the priority category of Land Acquisition. Therefore the Writ Petitioner claims that his name ought to have been sponsored under the priority category of land acquisition. However, the name of the Writ Petitioner was not considered for selection. Thus the Petitioner is constrained to move the present Writ Petition.
3.The name of the Writ Petitioner was sponsored to the District Employment Exchange for recruitment to the post of B.T.Assistant.
4.The learned Government Advocate appearing for the respondents states that the Writ Petitioner was not selected on account of the fact that he has not reached the purview of nomination under the priority group of land acquisition. Therefore he was not selected. It is further stated that TET has notified some vacancies in Graduate Teacher and Graduate Assistant in English and History. The third respondent/the Director of Employment and Training had circulated the said vacancies to the Employment Exchanges in the State in order to draw a State Level Consolidated List. Accordingly, the State Level List was consolidated and finally cut-off dates were arrived for nomination to the Teachers Recruitment Board. The Cut-off dates arrived for Backward Class Priority B.T.Assistant English registrants during the year 2008 is as follows:
5.In Backward Class-priority -General category all available Priority candidates in Land Acquisition category were nominated. Accordingly the Petitioner was also nominated for B.T.Assistant English. The Petitioner was called for certificate verification on 12.5.2010.However, he was not selected. 362 candidates were notified for B.T.Assistant post, out of which 48 posts were notified for B.T.Assistant(English), 21 vacancies were notified under priority category. 8 vacancies were notified for visually impaired. Out of 21 vacancies notified for priority categories, 7 vacancies were notified for Backward Class General priority and one vacancy for General Turn General priority. The cut off date for the priority category nominated for the 8 priority vacancies were, Backward Class General Priority ? 7 vacancies. For the above 7 vacancies , 16 Destitute Widows all available were nominated and in inter-case married candidates with the cut off date on 5.5.2008. General Turn-General Priority one vacancy. Five Destitute Widows with the cut off date 5.5.2008 were nominated. Orders have been issued in G.O.Ms.No.188, Personnel and Adminstrative Reforms (P) Department, dated 28.12.1976 to follow the order of priority for nomination. Thus for the above 8 vacancies, the first two priority groups were nominated. The Petitioner's priority group of land acquisition has not reached the purview of nomination.
6.Under these circumstances, this Court is of an opinion that the respondents had followed the rules in force at the time of considering the case of the Writ petitioner. Unfortunately the priority under which the Writ Petitioner was nominated namely Land Acquisition has not reached the purview of nomination. Thus there is no infirmity in the non-selection of the Petitioner to the post of B.T.Assistant English.
7.In view of the above factum, the Writ Petitioner has not made out any grounds raised in this Writ Petition. Accordingly, the Writ Petition stands dismissed. However, there shall be no order as to costs. Consequently, connected Miscellaneous Petition is dismissed.
To
1.The Director, Directorate of School Education, D.P.I Compound, College Road, Nungambakkam, Chennai.
2.The Member Secretary, Teacher's Recruitment Board, College Road, Chennai ? 600 006.
3.The Director of Employment and Training, Guindy, Chennai-32.
.