Madras High Court
J. Anburaj vs The Government Of Tamil Nadu on 31 January, 2019
Equivalent citations: AIRONLINE 2019 MAD 1423, 2020 LAB IC (NOC) 56 (MD)
Bench: S.Manikumar, Subramonium Prasad
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 31/01/2019
CORAM
THE HON'BLE MR.JUSTICE S.MANIKUMAR
AND
THE HON'BLE MR.JUSTICE SUBRAMONIUM PRASAD
Writ Appeal No.66 of 2019
J. Anburaj ... Appellant
Vs
1. The Government of Tamil Nadu
rep. By Principal Secretary to Government
School Education Department
Fort St. George
Chennai 600 009.
2. The Director
State Council for Education
Research & Training
College Road
Chennai 600 006.
3. The Member Secretary
Teachers Recruitment Board
College Road
Chennai 600 006. ... Respondents
Prayer Appeal filed under Clause 15 of the Letters Patent against
the order dated 20/7/2018, made in W.P.No.19884 of 2015.
http://www.judis.nic.in
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For Appellant ... Mr.R.Saseetharan
For Respondent ... Mr.K.Karthikeyan
Government Advocate
(Education)
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JUDGMENT
(Judgment of the Court was delivered by Subramonium Prasad,J) Aggrieved by the order of dismissal, dated 20/7/2018, made in W.P.No.19884 of 2015, the appellant/writ petitioner has filed the instant writ appeal.
2. Appellant/petitioner applied for the post of Senior Lecturer (Zoology), for the vacancy ear-marked, in the year 2011, as per the Notification, dated 31/12/2011, issued by the Teachers' Recruitment Board. As per the prospectus, selection was to be made, on the marks obtained, in the written examination and communal rotation. Appellant took the examination and secured 93 marks out of 150 marks. Teachers' Recruitment Board, did not finalise the selection and published the selection list and issued appointment orders. Since no appointment was made, similarly placed candidates filed W.P.No.4877 of 2013, and the same was dismissed by a learned Single Judge, on the ground that merely http://www.judis.nic.in 3 because of being provisionally selected, a person does not acquire a vested right to appointment.
3. On appeal, in W.A.No.1012 of 2013, before the learned Division Bench, the learned Government Pleader produced copies of letters issued to the appellants therein, calling upon them, to come for a fresh round of certificate verification, on 10/4/2015. It was informed that the earlier decision to cancel the entire process of selection stood revoked.
4. Learned Government Pleader informed the Court that earlier decision to cancel the process of selection stands revoked and decided to proceed with the certificate verification and complete the selection process.
5. The petitioner has therefore, filed W.P.No.19884 of 2015, to quash the order passed by the Member Secretary, Teachers Recruitment Board, College Road, Chennai/third respondent in relation to the proceedings, issued in O.M.No.2878/A8/2015, dated 20/5/2015, and with a consequential direction to the respondents therein, to select and appoint the appellant/petitioner, as Senior Lecturer, in Zoology, in the http://www.judis.nic.in 4 vacancy meant for the year 2010 – 2011, pursuant to the selection done in the year 2011, with monetary and service benefits.
6. Learned Single Judge by the impugned judgment has dismissed the writ petition, holding that the writ petitioner does not have any right, to claim appointment or for a direction, to invite the writ petitioner, for certificate verification. Learned Single Judge further held that the candidate was questioning the selection, only on limited grounds, viz., mal practice, illegality or in correct practice, which goes to the root of the examination. Learned Single Judge held that it is a settled law that just by participating in the process of selection, the appellant/writ petitioner does not have any right to claim for a selection.
7. Heard M.R.Saseetharan, learned counsel for the appellant and Mr.K.Karthikeyan, learned Government Advocate for the respondents.
8. Material on record shows that the writ petitioner, who secured 93 marks, stood as No.2, in the list of candidates and the candidate, placed at rank No.1 and secured 96 marks, did not appear for certificate http://www.judis.nic.in 5 verification. If the candidate No.1 did not appear in the certificate verification, it was incumbent on the part of the respondents, to call candidate No.2, for certificate verification. Instead, the respondents have cancelled the entire process of selection. No reason is forthcoming as to why the entire selection process was cancelled. Post is lying vacant from the year 2011. Valid examination has been held and a list has been prepared. If the candidate in S.No.1, did not appear for certificate verification, then nothing prevented the third respondent, from calling a person, at rank No.2, for certificate verification. As stated earlier, without furnishing any substantial reason, decision to cancel the entire process of selection, cannot be sustained.
9. List was brought out, but the vacancies were not filled and it was decided to carry the vacancies to the next selection. This decision was taken by an order, dated 20/5/2015, which reads as under:-
O.M.No.2878/A8/2015 Date: 20/5/2015 Sub: Teachers Recruitment Board, Chennai 6 – Information given on claim made by Thiru.J.Arputharaj Erode District – regarding.
Ref: Petition dated 23/4/2015 given by Thiru J.Arputharaj Erode District.
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http://www.judis.nic.in 6 The Teachers Recruitment Board has considered the claim of petitioner in the petition referred above and following decision is given thereon.
The Teachers Recruitment Board after lapse of two years has conducted a certificate verification on 10/4/2015 with the view to give one more opportunity for the candidates for the post of senior lecturer and accordingly, certificate verification is conducted and results has been published. The vacancies which are not filled up are considered as backlog vacancy will be carried forward to the next selection.
Therefore, it is informed that the Teachers Recruitment Board is not in a position to consider your claim.
Member Secretary
10. Though Mr.K.Karthikeyan, learned Government Advocate (Education) submitted that certificate verification can be done, in respect of J. Anburaj and R.Bagdha Vatchala Perumal, arrayed at S.Nos.2 and 3, respectively, in the List of candidates, who have secured 93 marks, each, in Zoology, we are not inclined to accept the said contention, for the reason that R.Bagdha Vatchala Perumal, does not appear to be interested in even ascertaining, as to whether the post of Senior Lecturer, for which Notification has been issued, has been filled up or not. Further, if R.Bagdha Vatchala Perumal was also interested in securing the post, efforts would have been made to approach this Court or the Educational authorities, as the case may be. Such course has not been adopted. On the contra, the appellant/writ petitioner has approached this Court, for the relief stated supra. http://www.judis.nic.in 7
11. In view of the above observation, writ appeal is allowed. Teachers' Recruitment Board is directed to verify the certificates of the appellant, forward recommendations to the Director, Collegiate Education, Chennai, within a period of two weeks, from the date of receipt of a copy of this order, for issuing suitable appointment order. Director of Collegiate Education, Chennai, is directed to make appointment, two weeks, thereafter. No costs. Consequently, the connected Miscellaneous Petition is closed.
(S.M.K.,J) (S.P.,J)
31st January 2019
mvs.
Index: Yes/No
Internet: yes/No
http://www.judis.nic.in
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To
1. The Principal Secretary to Government Government of Tamil Nadu School Education Department Fort St. George Chennai 600 009.
2. The Director State Council for Education Research & Training College Road Chennai 600 006.
3. The Member Secretary Teachers Recruitment Board College Road Chennai 600 006.
http://www.judis.nic.in 9 S.MANIKUMAR,J AND SUBRAMONIUM PRASAD,J mvs.
Writ Appeal No.66 of 2019 31/01/2019 http://www.judis.nic.in