Madras High Court
Kumaran vs The Chairman on 8 March, 2024
Author: G.R.Swaminathan
Bench: G.R.Swaminathan
W.P(MD)No.15415 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 08.03.2024
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P(MD)No.15415 of 2020
and
W.M.P.(MD)Nos.12951 & 12952 of 2020
Kumaran ... Petitioner
Vs.
1.The Chairman,
Teachers Recruitment Board,
O/o. The Teachers Recruitment Board Office,
4th Floor, EVK Sampath Maaligai,
DPI Compound,
College Road,
Chennai – 600 006.
2.The Member Secretary,
Teachers Recruitment Board,
O/o. The Teachers Recruitment Board Office,
4th Floor, EVK Sampath Maaligai,
DPI Compound, College Road,
Chennai-600 006.
3.The Director of School Education,
DPI Compound, College Road,
Chennai-600 006.
4.The Registrar,
Tamil Nadu Physical Education and Sports University,
Melakottaiyur Post,
Vandalur, Kelambakkam Road, Chennai-600 127.
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W.P(MD)No.15415 of 2020
5.University of Madras,
Chepauk, Chennai-600 005.
6.YMCA College of Physical Education,
Nandanam, Chennai-35.
7.Ramakrishna Mission Vidyalaya Maruthi College of Physical Education,
Coimbatore District.
8.Ramakrishna Chandra College of Physical Education,
Cumbum, Theni District.
9.Good Samarintan Institute of Physical Education,
Thiruppur District.
10.K.R.Institute Physical Education,
Dindigul District.
11.B.Lokesh
12.P.Rathinakumar
13.S.Mohan
14.T.John Jamindhar
15.V.Thinakaran
16.E.Sivakumar
17.A.Sivasubramaniyan
18.S.Muthukumar
19.K.Pandiyan
20.S.Barani Ramalingam
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W.P(MD)No.15415 of 2020
21.K.Vivin Pratheep
22.S.Jinamose
23.S.Subramanian
24.A.Senthil Murugan
25.V.Selvaraj
26.V.Murugasrinivasan
27.N.Thanesh Kumar
28.K.Venkateswaran
29.G.Jesuraja
30.J.A.Suresh Kumar
31.P.Kaviyarasan
32.B.Jeyakannan
(R5 to R32 are suo motu impleaded
vide order dated 06.06.2023) ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying
this Court to issue a Writ of Certiorarified Mandamus, to call for the records relating
to the impugned Revised Provisional Selection List of Candidates after certificate
verification for District Recruitment of Special Teachers (Physical Education,
Drawing, Music, Sewing), in school Education and other departments for the year
2012 to 2016 published on 28.10.2020 by the respondents 1 and 2 in the official
website of Teachers Recruitment Board and quash the same as illegal in so far as it
relates to the selection of candidatures under BC (PSTM) category and consequently
to direct the responents 1 to 3 to include the name of Writ Petitioner in the
provisional selection list of candidates for the post of Physical Education Teacher in
Government Schools within the period that may be stipulated by this Court.
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W.P(MD)No.15415 of 2020
For Petitioner : Mr.Antony Arulraj
for Mr.S.Venkatesh
For Respondents : Mr.V.R.Shanmuganathan, Standing Counsel
for R1 & R2
: Mr.N.Satheeskumar
Additional Government Pleader for R3
: Mr.R.Gopinath for R4
: Mr.M.R.Srinivasan for R5
: Mr.R.Sarath Chandran for R6
: Mr.R.Devaraj for R7
: Mr.A.Arul Jenifer for R10
: Mr.S.Lenin Prabu for R11 to R20, R22, R23,
R24, R26 to R32.
: Mr.P.Mahendran for R25.
: no appearance for R8, R9 & R21
ORDER
Heard the learned counsel on either side.
2. The petitioner is possessing B.Sc, M.PEd & M.Phil degrees. He registered himself with the employment exchange in the year 2000. He belongs to backward class category. When TRB issued recruitment notification in the year 2017 inviting https://www.mhc.tn.gov.in/judis 4/7 W.P(MD)No.15415 of 2020 applications from eligible candidates for direct recruitment for the post of special teachers, the petitioner also applied in response thereto. The petitioner secured 66 marks in the written examination. He was awarded 5 marks towards employment seniority. Though the petitioner had secured 71 marks, since the cutoff marks for BC category was 72, he was not selected. Later, the petitioner came to know that TRB had applied 20% reservation for PSTM candidates. The petitioner further came to know that the courses in B.PEd and M.PEd are not conducted in Tamil medium. He therefore filed the present writ petition questioning the entire selection list. It is not in dispute that the educational institutions conducting B.PEd and M.PEd courses are affiliated to Tamil Nadu Physical Education and Sports University, Chennai.
3. Counter affidavit has been filed by the University. It is categorically averred that the University had not granted any permission to conduct courses in Tamil. In my view, this clinches the issue. However, the various institution have affirmed before this Court that they did issue PSTM certificates to the selected candidates. I would not fault TRB for having acted on them. This is because, the certificates are genuine. The question that arises is whether such certificates could have been issued in the first instance. In view of the categorical stand taken by the University, I hold that the application of the PSTM rule to the selection process is bad in law. At the same time, in view of the lapse of time and taking into account the interests of https://www.mhc.tn.gov.in/judis 5/7 W.P(MD)No.15415 of 2020 the selected candidates, I would not upset the selection process. Instead, relief can be granted to the petitioner because only one candidate had come before this Court. It is stated that vacancies are presently available. The (*)third respondent is directed to appoint the petitioner in any of the existing vacancies. This shall be done within a period of five weeks from the date of receipt of a copy of this order. The petitioner will be entitled to actual monetary benefits from the date of joining duty but his seniority will be reckoned with reference to and on par with the selected candidates in the impugned selection process.
4. The Writ Petition is allowed to this extent. No costs. Consequently, connected miscellaneous petitions are closed.
Sd/-
Assistant Registrar(AE) (*)Corrected as per the order of this court in WP(MD).No. 15415 of 2020 dated 10/06/2024 Sd/-
Assistant Registrar(AS) // True Copy // 11/06/2024 Sub Assistant Registrar rmi (*)To be sub substituted the order already despatched on 19/03/2024 https://www.mhc.tn.gov.in/judis 6/7 W.P(MD)No.15415 of 2020 TO The Director of School Education, DPI Compound, College Road, Chennai-600 006.
+2 CC to M/s.S.VENKATESH, Advocate ( SR-11241[F] dated 11/03/2024 ) +1 CC to M/s.R.DEVARAJ, Advocate ( SR-11562[F] dated 12/03/2024 ) +1 CC to M/s.SHARATH CHANDRAN, Advocate ( SR-10937[F] dated 08/03/2024 ) +1 CC to M/s.P.MAHENDRAN, Advocate ( SR-11020[F] dated 11/03/2024 ) +1 CC to M/s.P.MAHENDRAN, Advocate ( SR-11021[F] dated 11/03/2024 ) +1 CC to M/s.R.GOPINATH, Advocate ( SR-11194[F] dated 11/03/2024 ) W.P(MD)No.15415 of 2020 08.03.2024 MK/19.03.2024 7P 9C KB/11.06.2024 7P 9C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 https://www.mhc.tn.gov.in/judis 7/7