Madras High Court
Senthilkumar vs The Principal Secretary To Government on 21 August, 2019
Author: S.M.Subramaniam
Bench: S.M.Subramaniam
W.P.(MD)No.4203/2015
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 21.08.2019
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.(MD) No.4203 of 2015
and
M.P.(MD)Nos.1 to 4 of 2015
Senthilkumar ... Petitioner
-Vs-
1.The Principal Secretary to Government,
School Education Department,
Secretariat, Chennai-600 009.
2.The Principal Secretary to Government,
Department of Employment and Training,
Secretariat, Chennai-600 009.
3.The Member Secretary,
Teachers Recruitment Board,
4th Floor, EVK Sampath Maaligai, DPI Compound,
College Road, Chennai-600 006.
4.Mythili S.
5.Nanthini.J.
6.Haribabu
7.Reshma
1/6
http://www.judis.nic.in
W.P.(MD)No.4203/2015
8.Subhashini.M.L.
9.Malathi
10.S.Rajeev
11.P.Vimala ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India for issuance of Writ of Certiorarified Mandamus, calling for the
records of the third respondent with respect to the selection list dated
20.03.2015 published by the third respondent for the recruitment of
Computer Instructor through Employment Registration State Seniority
2014 as far as MBC/DNC priority list is concerned and quash the
selection of respondents 4 to 11 bearing serial Nos.515, 517, 518, 519,
520, 521, 522 and 523 in the selection list dated 20.03.2015 and direct
the respondents 1 to 3 to appoint the petitioner as Computer Instructor
under MBC/DNC priority list in the priority category of dependent of ex-
service man.
For Petitioner : Mr.T.M.Madasamy
For R1 to R3 : Mr.V.R.Shanmuganathan,
Special Government Pleader.
For R4 to R11 : No Appearance
ORDER
The selection list dated 20.03.2015 is sought to be quashed in the present Writ Petition and further direction sought for in the present Writ Petition is to direct the respondents 1 to 3 to appoint the writ 2/6 http://www.judis.nic.in W.P.(MD)No.4203/2015 petitioner as Computer Instructor under MBC/DNC priority list in the priority category of dependent of ex-service man.
2.Adjudication of the entire facts and the grounds in the Writ Petition is unnecessary, in view of the fact that the challenge is made against the selection list of candidates. Pursuant to the selection list, the process of selection had been concluded and the selected candidates were appointed as Computer Instructors. Thus, the relief as such sought for to quash the selection list cannot be granted at this length of time and therefore, the adjudication of entire facts has no relevance.
3.The learned counsel appearing for the writ petitioner states that the qualifications prescribed for Post Graduate Assistant for academic year under the Special Rules for the Tamil Nadu Higher Secondary Education had not been followed by the official respondents for the purpose of appointment of Computer Instructors in the Education Department.
4.In this regard, this Court is of an opinion that at the time of undertaking the process of selection and appointment, the competent 3/6 http://www.judis.nic.in W.P.(MD)No.4203/2015 authority is bound to follow the recruitment rules in force strictly. Now, after a lapse of about 4 years, the official respondents have to follow the recruitment rules in force, as of now, for appointment to the post of Computer Instructor.
5.This being the factum, the official respondents are directed to follow the service recruitment rules including the Educational Notification and other criterias strictly and without any deviation and violation, at the time of undertaking the process of selection to the post of Computer Instructor. The writ petitioner is also at liberty to participate in the forthcoming process of selection, if any notification is issued and if the writ petitioner is fully qualified, she shall participate in the process of selection. Even in respect of the appointment already made, if thus appointment is illegal or irregular then the writ petitioner is at liberty to challenge the same after she has chosen to do so or advised to do so. However, the quashing of the selection list at this juncture is not preferable and the same cannot be done, in view of the fact that the selected candidates were already appointed and serving in the Education Department for the past more than four years. Liberty is granted to approach the authorities, if any, grievance is exists. 4/6 http://www.judis.nic.in W.P.(MD)No.4203/2015
6.With these directions, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are also closed.
21.08.2019 Index : Yes / No Internet: Yes / No Myr To
1.The Principal Secretary to Government, School Education Department, Secretariat, Chennai-600 009.
2.The Principal Secretary to Government, Department of Employment and Training, Secretariat, Chennai-600 009.
3.The Member Secretary, Teachers Recruitment Board, 4th Floor, EVK Sampath Maaligai, DPI Compound, College Road, Chennai-600 006.
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