Madras High Court
V.Kalaiselvi vs The State Of Tamil Nadu on 21 August, 2019
Author: S.M.Subramaniam
Bench: S.M.Subramaniam
W.P.(MD)No.6462/2015
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 21.08.2019
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.(MD) No.6462 of 2015
and
M.P.(MD)Nos.2 and 3 of 2015
V.Kalaiselvi ... Petitioner
-Vs-
1.The State of Tamil Nadu,
Represented by its Secretary,
Department of School Education,
Fort St. George, Chennai-600 009.
2.The Teachers Recruitment Board,
Represented by its Member Secretary,
IV th Floor, EVK Sampath Maaligai, DPI Compound,
College Road, Chennai-600 006.
3.S.Rajakumari
4.A.Nithya
5.A.Vaidegi ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India for issuance of Writ of Certiorarified Mandamus, calling for the
records pertaining to the impugned selection list of candidates after
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W.P.(MD)No.6462/2015
certificate verification to the post of Computer Instructor, published in
the website of the respondent No.2 and quash the same as illegal and
consequently, to direct the respondent No.2 to select and appoint the
petitioner to the post of Computer Instructor within the time stipulated
by this Court.
For Petitioner : Mr.T.Lajapathi Roy
For R1 : Mrs.S.Srimathy,
Special Government Pleader.
For R2 : Mr.V.R.Shanmuganathan,
Special Government Pleader.
For R3 : No Appearance
ORDER
The selection list of candidates after certificate verification to the post of Computer Instructor published by the second respondent is sought to be quashed in the present Writ Petition. Further direction is sought for to direct the second respondent to select and appoint the writ petitioner to the post of Computer Instructor.
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 2/6 http://www.judis.nic.in W.P.(MD)No.6462/2015 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 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 3/6 http://www.judis.nic.in W.P.(MD)No.6462/2015 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.
6.With these directions, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are also closed.
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1.The Secretary, State of Tamil Nadu, Department of School Education, Fort St. George, Chennai-600 009.
2.The Member Secretary, Teachers Recruitment Board, IV th Floor, EVK Sampath Maaligai, DPI Compound, College Road, Chennai-600 006.
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