Madras High Court
R.Sathiya Priya vs The State Of Tamil Nadu on 21 June, 2019
Author: S.M.Subramaniam
Bench: S.M.Subramaniam
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 21.06.2019
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P(MD)Nos.20746, 20747, 20977 and 20978 of 2014
and
M.P(MD)Nos.1,1,1,1,2,2,2,2 & 3,3,3 & 3 of 2014
W.P(MD)No.20746 of 2014
R.Sathiya Priya ... Petitioner
Vs
1.The State of Tamil Nadu,
Rep. by its Secretary,
Department of Education,
Fort St. George,
Chennai-600 009.
2.The Teachers Recruitment Board,
Rep. by its Member Secretary,
EVK Sampath Maligai,
DPI Compound, College Road,
Chennai-600 006.
3.The Director of Employment and Training,
Chennai-32.
4.The Assistant Director,
Professional and Executive Employment Branch Office,
K.Pudur,
Madurai-625 007,
Madurai District. ... 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 pertaining to the impugned nOtification in Advertisement No.
7/2014 dated 13.10.2014 on the file of the Respondent No.2 and quash
http://www.judis.nic.in
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the same as illegal and consequently to direct the Respondents to fill up
the post of Computer Science as per the qualifications prescribed for Post
Graduate Assistants in Academic Subjects under Special Rules for the
Tamil Nadu Higher Secondary Educational Service issued under
G.O.Ms.No.720 (Education Department) dated 28.04.1981.
For Petitioner :Mr.T.Lajapathi Roy
For R1, R3 & R4:Mr.D.Muruganantham,
Additional Government Pleader
For R2 :Mr.VR.Shanmuganathan
Special Government Pleader
W.P(MD)No.20747 of 2014
R.Supriya ... Petitioner
Vs
1.The State of Tamil Nadu,
Rep. by its Secretary,
Department of Education,
Fort St. George,
Chennai-600 009.
2.The Teachers Recruitment Board,
Rep. by its Member Secretary,
EVK Sampath Maligai,
DPI Compound, College Road,
Chennai-600 006.
3.The Director of Employment and Training,
Chennai-32. ... 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 pertaining to the impugned notification in Advertisement No.
7/2014 dated 13.10.2014 on the file of the Respondent No.2 and quash
the same as illegal and consequently to direct the Respondents to fill up
http://www.judis.nic.in
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the post of Computer Science as per the qualifications prescribed for Post
Graduate Assistants in Academic Subjects under Special Rules for the
Tamil Nadu Higher Secondary Educational Service issued under
G.O.Ms.No.720 (Education Department) dated 28.04.1981.
For Petitioner :Mr.T.Lajapathi Roy
For R1 & R3 :Mr.D.Muruganantham,
Additional Government Pleader
For R2 :Mr.VR.Shanmuganathan
Special Government Pleader
W.P(MD)No.20977 of 2014
S.Thanamani ... Petitioner
Vs
1.The State of Tamil Nadu,
Rep. by its Secretary,
Department of Education,
Fort St. George,
Chennai-600 009.
2.The Teachers Recruitment Board,
Rep. by its Member Secretary,
EVK Sampath Maligai,
DPI Compound, College Road,
Chennai-600 006.
3.The Director of School Education,
College Road,
Chennai-600 006.
4.The Assistant Director of Professional &
Executive Employment,
Santhom,
Chennai-4.
5.The District Employment Officer,
Trichy,
Trichy District. ... Respondents
http://www.judis.nic.in
4
PRAYER: Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Certiorarified Mandamus, calling for
the records relating to the Original Impugned Notification issued by the
second respondent herein in Advertisement No.07/2014 dated 13.10.2014
and quash the same and further direct the fourth respondent sponsor the
petitioner's name to attend the Special Test to be conducted by the
second respondent for the 652 vacancies meant for absorption of the
temporary appointed Computer Instructors.
W.P(MD)No.20978 of 2014
A.Sabitharani ... Petitioner
Vs
1.The State of Tamil Nadu,
Rep. by its Secretary,
Department of Education,
Fort St. George,
Chennai-600 009.
2.The Teachers Recruitment Board,
Rep. by its Member Secretary,
EVK Sampath Maligai,
DPI Compound, College Road,
Chennai-600 006.
3.The Director of School Education,
College Road,
Chennai-600 006.
4.The Assistant Director of Professional &
Executive Employment,
Santhom,
Chennai-4.
5.The District Employment Officer,
Trichy,
Trichy District. ... Respondents
http://www.judis.nic.in
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PRAYER: Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Certiorarified Mandamus, calling for
the records relating to the Original Impugned Notification issued by the
second respondent herein in Advertisement No.07/2014 dated 13.10.2014
and quash the same and further direct the fourth respondent sponsor the
petitioner's name to attend the Special Test to be conducted by the
second respondent for the 652 vacancies meant for absorption of the
temporary appointed Computer Instructors.
For Petitioner :Mr.T.Lajapathi Roy
For R1, R3 & R4:Mr.D.Muruganantham,
Additional Government Pleader
For R2 :Mr.VR.Shanmuganathan
Special Government Pleader
COMMON ORDER
The recruitment notification issued in Advertisement No.07/2014 dated 13.10.2014 is sought to be quashed in these writ petitions. Further direction is sought for to direct the respondents to fill up the posts of Computer Instructors as per the qualification prescribed for the Posts Graduate Assistants in the academic subject under special rules for Tamil Nadu Higher Educational Service issued in G.O.No.720, Education Department, dated 28.04.1981.
2.Adjudication of the entire facts and the grounds in these writ petitions are unnecessary in view of the fact that the challenge is made against the recruitment notification issued on 13.10.2014. Pursuant to the impugned http://www.judis.nic.in notification, the process of selection had been concluded and 6 the selected candidates were appointed as Computer Instructors. Thus, the relief as such sought for to quash the recruitment 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 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 respondents for the purpose of appointment of Computer Instructors in the Educational Department. In this regard, this Court is of the 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 5 years, the respondents have to follow the recruitment rules in force, as of now, for appointment to the post of computer instructor.
4. This being the factum, the respondents are directed to follow the service recruitment rules including the Educational Notification and other criterias strictly and without any deviation and violation, at the time of undertaking the process of selection to the post of Computer Instructor. The writ petitioners are also at liberty to participate in the forthcoming process of selection, if any notification is issued and if the writ petitioners are fully qualified they shall participate in the process of selection. Even http://www.judis.nic.in 7 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 they have chosen to do so or advised to do so. However, the quashing of the recruitment notification 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 Educational Department for the past more than five years. This apart, those persons are not parties before this Court hence, and no order can be passed against them affecting their service conditions. Liberty is granted to approach the authorities, if any, grievance is exists.
5.With these directions, the writ petitions stand disposed of. No costs. Consequently, connected miscellaneous petitions are also closed.
21.06.2019 Index : Yes/No Internet:Yes/No am http://www.judis.nic.in 8 S.M.SUBRAMANIAM, J.
am To
1.The Secretary to Government, Department of Education, Fort St. George, Chennai-600 009.
2.The Member Secretary, The Teachers Recruitment Board, EVK Sampath Maligai, DPI Compound, College Road, Chennai-600 006.
3.The Director of Employment and Training, Chennai-32.
4.The Assistant Director, Professional and Executive Employment Branch Office, K.Pudur, Madurai-625 007, Madurai District.
5.The Director of School Education, College Road, Chennai-600 006.
6.The Assistant Director of Professional & Executive Employment, Santhom, Chennai-4.
7.The District Employment Officer, Trichy, Trichy District.
W.P(MD)Nos.20746, 20747, 20977 and 20978 of 2014 21.06.2019 http://www.judis.nic.in