Madras High Court
B.Sreeja vs Assistant Commissioner Of Office on 10 July, 2024
W.P.(MD)No.15394 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 10.07.2024
CORAM:
THE HONOURABLE MS.JUSTICE R.N.MANJULA
W.P.(MD)No.15394 of 2024 &
W.M.P.(MD)No.13494 of 2024
B.Sreeja ... Petitioner
vs.
1.Assistant Commissioner of Office,
Hindu Religious and Charitable Endowment,
7, Kurutheru Road, Meenakshmipuram, Vadiveeswaram,
Ramar Colony, Nagercoil, Tamilnadu - 629 001.
2.The Secretary,
Sree Devi Kumari Women's College,
Kulithurai, Kanyakumari District.
3.The Principal
Sree Devi Kumari Women's College,
Kulithurai, Kanyakumari District. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Mandamus directing the respondents to permit
the petitioner to attend the interview for the post of Assistant Professor in
Malayalam conducted by the third respondent on 12.07.2024 based on the
notification published in the daily news paper, application of the
petitioner and the representation of the petitioner dated 20.12.2023.
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https://www.mhc.tn.gov.in/judis
W.P.(MD)No.15394 of 2024
For Petitioner : Mr.Francis Xavier
For Respondents : Mr.P.Subbaraj
Special Government Pleader
for R1
Mr.R.Shankar Ganesh
for R2 and R3
ORDER
Heard Mr.Francis Xavier, learned counsel appearing for the petitioner, Mr.P.Subbaraj, learned Special Government Pleader appearing for the first respondent and Mr.R.Shankar Ganesh, learned counsel for the respondents 2 and 3.
2. The petitioner has filed this petition seeking to issue a Writ of Mandamus directing the respondents to permit her to attend the interview for the post of Assistant Professor in Malayalam to be conducted by the third respondent on 12.07.2024.
3. The petitioner has applied to the post of Assistant Professor in Malayalam in the third respondent College in response to their paper notification dated 05.12.2023. The petitioner has not been called upon for 2/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.15394 of 2024 the interview and hence, she did not know the outcome of the selection process. Hence, she has come up with this petition.
4. Mr.P.Subbaraj, learned Special Government Pleader appearing for the first respondent submitted that the post is reserved for Backward Class (BC) category and since the petitioner has given her Kerala address, she will not fall under the BC category in the State of Tamil Nadu.
5. Mr.Francis Xavier, learned counsel appearing for the petitioner submitted that the petitioner was a native of Tamil Nadu, but she had pursued her higher studies in Kerala.
6. However, to become BC candidate, the petitioner ought to have been recognized by the Government of Tamil Nadu as a person falling under BC category as per the notification issued by the Government of Tamil Nadu in this regard.
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7. Mr.R.Shankar Ganesh, learned counsel appearing for the respondents 2 and 3 submitted that since the petitioner belongs to the State of Kerala, her candidature can be considered only under general category and she cannot claim any priority under BC category. But, he did not have any serious objection in allowing the petitioner to participate in the interview subject to Rules governing her category for appointment in the State of Tamil Nadu.
8. In view of the same, the writ petition is disposed of and the respondents 2 and 3 are directed to send a call letter forthwith to the petitioner subject to conditions and allow her to participate in the interview scheduled to be held on 12.07.2024. No costs. Consequently, connected Miscellaneous Petition is closed.
10.07.2024 NCC: Yes/No Index : Yes/No Speaking/Non-Speaking order mbi Note: Registry is directed to issue order copy today i.e., 10.07.2024 4/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.15394 of 2024 To Assistant Commissioner of Office, Hindu Religious and Charitable Endowment, 7, Kurutheru Road, Meenakshmipuram, Vadiveeswaram, Ramar Colony, Nagercoil, Tamilnadu - 629 001.
5/6https://www.mhc.tn.gov.in/judis W.P.(MD)No.15394 of 2024 R.N.MANJULA, J.
mbi W.P.(MD)No.15394 of 2024 10.07.2024 6/6 https://www.mhc.tn.gov.in/judis