Madras High Court
P.Gowthaman vs The State Of Tamil Nadu on 5 July, 2023
Author: N.Sathish Kumar
Bench: N.Sathish Kumar
W.P.No.9714 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.07.2023
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
WP.No.9714 of 2023
1. P.Gowthaman
2. M.Gayathri
3. A.Aravindh
4. C.Samuvel Raja
5. D.Malarkodi
6. C.T.Beautlin Chandreshia
7. T.Paul ... Petitioners
Vs
1. The State of Tamil Nadu
Rep. by its Principal Secretary to Government,
High Education Department,
Fort St. George, Secretariat, Chennai – 600 009.
2. Teachers Recruitment Board,
Rep. by its Member Secretary,
3rd and 4th Floor, Puratchi Thalaivar
Dr.MGR Centenary Building, DPI Campus,
College Road, Chennai – 600 006.
3. The Commissioner of Technical Education,
Directorate of Technical Education,
No.53, Saradar Patel Road, Anna University,
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W.P.No.9714 of 2023
Guindy, Chennai – 600 025.
4. S.Sevaraj
5. T.Alamelumangai
6. A.Kandasamy
7. R.Rajakumbesh
8. G.Ruba Helen Florence
9. M.Don Bosco
10.D.Yasodha
11.K.Sathishkumar
12. G.B.Vijayalakshmi
13. J.Ariharan Babu
14. T.Shobana
15. T.Sundari
16. S.Elavarasi
17. P.Vijaya
18. D.Balasubramanian
19. N.Prasanna
20. P.Balakrishnan
21. K.Kumar
22. The Director,
Directorate of School Education,
DPI Campus, College Road, Chennai – 600 006.
[R22 impleaded vide Order dated 13.04.2023
made in WmP.No.11160 of 2023 in W.P.No.
9714 of 2023 by PDAJ] ... Respondents
Prayer:- Writ Petition filed, under the Article 226 of Constitution of
India, to issue a Writ of Certiorarified Mandamus to call for the records
relating to the selection list dated 11.10.2022 for the post of PG Assistant
in Chemistry pursuant to Notification No.01/2021, dated 09.09.2021
issued by the second respondent and to quash the same in so far as the
said list contains the names of the respondents 4 to 21 in Serial numbers
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W.P.No.9714 of 2023
3, 8 [Backlog vacancies] 1, 5, 13, 18, 23, 40, 54, 72, 101, 155, 164, 168,
187, 210, 214, 224 [Current vacancies] of the Selection List dated
11.10.2022 who have already joined the post of Lecturers in various
Government Polytechnic Colleges and forfeited their right to get
appointed as PG Assistants in Chemistry and consequently direct the
second respondent to include the name of the petitioners for the post of
PG Assistants in Chemistry in the Provisional Selection list dated
11.10.2022 based on the communal roaster and marks secured by the
petitioners in the computer based written examination held by the second
respondent on 14.02.2022 for the post of PG Assistant in Chemistry.
For Petitioners :Mrs.Nalini Chidambaram, Senior Counsel
for Ms.C.Uma
For Respondents : Mr.P.Baladhandayutham
Special Government Pleader – R1, R3, R4
Mr.M.Alagu Gowtham
Government Advocate [TRB] – R2
ORDER
This Writ Petition has been filed to quash the selection list dated 11.10.2022 for the post of PG Assistant in Chemistry pursuant to Notification No.01/2021, dated 09.09.2021 issued by the second respondent in so far as the said list contains the names of the respondents 3/7 https://www.mhc.tn.gov.in/judis W.P.No.9714 of 2023 4 to 21 in Serial numbers 3, 8 [Backlog vacancies] 1, 5, 13, 18, 23, 40, 54, 72, 101, 155, 164, 168, 187, 210, 214, 224 [Current vacancies] of the Selection List dated 11.10.2022, who have already joined the post of Lecturers in various Government Polytechnic Colleges and forfeited their right to get appointed as PG Assistants in Chemistry and consequently direct the second respondent to include the name of the petitioners for the post of PG Assistants in Chemistry in the Provisional Selection list dated 11.10.2022 based on the communal roaster and marks secured by the petitioners in the computer based written examination held by the second respondent on 14.02.2022 for the post of PG Assistant in Chemistry.
2. The grievance of the petitioners is that they have written the examination for PG Assistant in Chemistry and Lecturer in Government Polytechnic Colleges and they were selected and also attended certificate verification. However, most of the selected candidates have opted for lectures in Government Polytechnic Colleges. The contention of the learned Senior Counsel appearing for the petitioners is that though the 4/7 https://www.mhc.tn.gov.in/judis W.P.No.9714 of 2023 petitioners are in the reserved category, the vacancies have not been notified by the Director of Technical Education and Directorate of School Education. According to the learned Senior Counsel, the Directorate of School Education as well as the Teachers Recruitment Board are blaming each other and they have not published the vacancy list.
3. The learner Government Advocate appearing for the Teachers Recruitment Board would submit that once the Directorate of Technical Education notifies the vacancies, they will give the list of reserved candidates for appointment.
4. The learned Special Government Pleader appearing for Directorate of Technical Education submitted that they will notify vacancy within a period three days from today.
5. In such view of the matter, the Directorate of Technical Education shall notify the vacancy list to the Teachers Recruitment 5/7 https://www.mhc.tn.gov.in/judis W.P.No.9714 of 2023 Board and thereafter, the Teachers Recruitment Board shall forward the list to the Directorate of Technical Education within a period of one week and thereafter, necessary appointments shall be made as per rules.
6. With the above direction, this Writ Petition is disposed of. No costs.
05.07.2023 Index:Yes/No Neutral Citation : Yes/No vrc To,
1. The Principal Secretary to Government, High Education Department, Fort St. George, Secretariat, Chennai – 600 009.
2. Teachers Recruitment Board, Rep. by its Member Secretary, 3rd and 4th Floor, Puratchi Thalaivar Dr.MGR Centenary Building, DPI Campus, College Road, Chennai – 600 006.
3. The Commissioner of Technical Education, Directorate of Technical Education, No.53, Saradar Patel Road, Anna University, Guindy, Chennai – 600 025.
6/7 https://www.mhc.tn.gov.in/judis W.P.No.9714 of 2023 N.SATHISH KUMAR, J.
vrc WP.No.9714 of 2023 05.07.2023 7/7 https://www.mhc.tn.gov.in/judis