Madras High Court
S.Balasubramanian vs State Of Tamil Nadu on 6 December, 2018
Author: G.Jayachandran
Bench: G.Jayachandran
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED:06.12.2018
CORAM:
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
W.P.(MD) No.24106 of 2018
and
W.M.P.(MD) Nos.21812 and 21813 of 2018
S.Balasubramanian ... Petitioner
vs.
1.State of Tamil Nadu,
Rep by its principal Secretary,
School Education Department,
Secretariat, Fort.St.George,
Chennai-600 009.
2.The Chairman
Teachers Recruitment Board,
4th Floor, EVK Sampath Maaligai,
DPI Campus, College Road,
Chennai-600 006.
3.The Member Secretary,
Teachers Recruitment Board,
4th Floor, EVK Sampath Maaligai,
DPI Campus, College Road,
Chennai-600 006.
4.The Director of School Education,
O/o. the Director of School Education,
DPI campus, College Road,
Chennai-600 006.
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5.K.Sankar,
Roll No.17ST26020660,
C/o.The Member Secretary,
Teachers Recruitment Board,
4th Floor, EVK Sampath Maaligai,
DPI Campus, College Road,
Chennai-600 006.
6.A.Anbazhagan,
Roll No.17ST25020342,
C/o.The Member Secretary,
Teachers Recruitment Board,
4th Floor, EVK Sampath Maaligai,
DPI Campus, College Road,
Chennai-600 006.
7.S.Pandiyarajan,
Roll No.17ST14020774,
C/o.The Member Secretary,
Teachers Recruitment Board,
4th Floor, EVK Sampath Maaligai,
DPI Campus, College Road,
Chennai-600 006.
8.M.Prabu,
Roll No.17ST25020206,
C/o.The Member Secretary,
Teachers Recruitment Board,
4th Floor, EVK Sampath Maaligai,
DPI Campus, College Road,
Chennai-600 006.
9.R.Ramesh,
Roll No.17ST25020537,
C/o.The Member Secretary,
Teachers Recruitment Board,
4th Floor, EVK Sampath Maaligai,
DPI Campus, College Road,
Chennai-600 006.
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10.D.Senthil Kumar,
Roll No.17ST32020362
C/o.The Member Secretary,
Teachers Recruitment Board,
4th Floor, EVK Sampath Maaligai,
DPI Campus, College Road,
Chennai-600 006.
11.S.Yogalakshmi,
Roll No.17ST26020660,
C/o.The Member Secretary,
Teachers Recruitment Board,
4th Floor, EVK Sampath Maaligai,
DPI Campus, College Road,
Chennai-600 006.
12.S.Sivabalan,
Roll No.17ST26020660,
C/o.The Member Secretary,
Teachers Recruitment Board,
4th Floor, EVK Sampath Maaligai,
DPI Campus, College Road,
Chennai-600 006. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India
for issuance of writ of Declaration, to declare the Impugned Tentative
provisional Selection List of the Direct Recruitment of Special Teachers
(Drawing) for the years 2012 to 2016 uploaded in the Official Website of
the third respondent as illegal in so far as selecting the respondent Nos.5
to 12 under the BC(G) PSTM Category and consequently for a direction,
directing the respondents to appoint the petitioner in the post of Special
Teacher (Drawing) under the BC(G) PSTM Category based on the marks
verification within the time period stipulated by this Court.
For Petitioner : Mr.S.Rajasekar
for Mr.T.Lajapathi Roy
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For R-1 and R-4 : Mrs.S.Srimathy,
Special Government Pleader.
For R-2 and R-3 : Mr.V.R.Shanmuganathan,
Special Government Pleader
ORDER
Heard the learned counsel for the petitioner, the learned Special Government Pleader appearing for the respondents 1 and 4 and learned Special Government Pleader appearing for the respondents 2 and 3.
2.In the similar batch of writ petitions where the candidates who have participated in the recruitment drive for the post of Special Teacher (Drawing) and claim priority under the PSTM quota, this court has held that if the petitioner has not produced the required qualification certificate in the prescribed format on the date of the certificate verification, the candidature cannot be considered for PSTM quota.
3.In this case, the petitioner herein has not produced the certificate to show that he studied 10th standard in Tamil medium. The 10th standard Mark sheet enclosed in the typed set of papers does not disclose his medium of instruction.
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4. In such circumstances, the petitioner should have furnished certificate in the prescribed format obtained from the institution from which he has studied 10th standard. The only certificate which he has produced is to show that he studied 12th standard in Tamil medium. To find whether any other material to indicate that he has studied 10 th standard in Tamil, this Court searched for the entries in the Employment Exchange card, wherein the petitioner has only registered Higher Secondary and other qualification in the Employment Exchange, but he has not disclosed 10th standard qualification. Therefore, there is no indication that he has studied 10th standard in Tamil.
5.In the light of the above, when required certificate has not produced at the time of certificate verification, no new certificate can be introduced. Thereafter, if such request is entertained there will be no end and will open the flood gate.
6.This Court finds no merit in this Writ Petition. Hence, this Writ Petition is dismissed. No costs. Consequently, connected miscellaneous petitions are closed.
06.12.2018 Index : Yes / No Internet: Yes / No cp http://www.judis.nic.in 6 DR.G.JAYACHANDRAN,J.
cp To:
1.The Principal Secretary, School Education Department, Secretariat, Fort.St.George, Chennai-600 009.
2.The Chairman Teachers Recruitment Board, 4th Floor, EVK Sampath Maaligai, DPI Campus, College Road, Chennai-600 006.
3.The Member Secretary, Teachers Recruitment Board, 4th Floor, EVK Sampath Maaligai, DPI Campus, College Road, Chennai-600 006.
4.The Director of School Education, O/o. the Director of School Education, DPI campus, College Road, Chennai-600 006.W.P.(MD) No.24106 of 2018
and W.M.P.(MD) Nos.21812 and 21813 of 2018 06.12.2018 http://www.judis.nic.in