Madras High Court
T.Uthayarani vs The Principal Secretary To Government on 17 October, 2014
W.P.(MD)Nos.17454 & 17829 of 2014
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
RESERVED ON : 02.02.2022
DELIVERED ON : 17.03.2022
CORAM
THE HONOURABLE MRS.JUSTICE S.SRIMATHY
W.P.(MD)Nos.17454 & 17829 of 2014
and
M.P.(MD)Nos.1, 2, 2 & 3 of 2014
W.P.(MD)No.17454 of 2014
T.Uthayarani ... Petitioner
vs
1. The Principal Secretary to Government,
School Education (TRB) Department,
Secretariat, Fort St.George,
Chennai – 600 009.
2. The Chairman,
Teachers Recruitment Board,
EVK Sampath Maaligai,
College Road,
Chennai – 600 006.
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W.P.(MD)Nos.17454 & 17829 of 2014
3. The Director of School Education,
College Road,
Chennai – 600 006.
4. The Director of Elementary Education,
College Road,
Chennai – 600 006. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for
issuance of Writ of Mandamus, to direct the respondent 2 to include petitioner's
name in the Provisional Revised Selection List-BC & MBC Welfare Department
of TNTET of TRB-2012, 2013-Paper-I dated 17.10.2014 and consequently,
directing the second respondent to issue an Appointment Letter to her as a
Secondary Grade Teacher in any of the BC and MBS Welfare Department School,
as the second respondent has treated similarly passed and placed people who
attended TNTET Examination 2013.
For Petitioner : Mr.C.Masilamani
For Respondents : Mr.R.Ragavendran for R1,R2 & R4
Government Advocate
Mr.VR.Shanmuganathan for R3
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W.P.(MD)Nos.17454 & 17829 of 2014
W.P.(MD)No.17829 of 2014
C.Jeevitha ... Petitioner
vs
1. The State of Tamil Nadu
represented by the Principal Secretary to Government,
Elementary Education Department,
St.George Fort, Chennai – 9.
2. The Director of Elementary Education,
Chennai – 600 006.
3. The Secretary,
Tamil Nadu Teachers Recruitment Board,
E.V.K.Sampath Maligai, DPI Compound,
Chennai.
4. The Commissioner/Director,
Most Backward & De-notified Communities Welfare,
Chennai – 600 005.
5. The Joint Director,
Kallar Reclamation,
Madurai – 20.
6. Tmt.M.Vanitha
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for
issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to
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W.P.(MD)Nos.17454 & 17829 of 2014
the impugned selection list of Secondary Grade Teachers for BC and MBC
Welfare Department (Kallar Reclamation Schools) dated 15.10.2014 published by
the third respondent and quash the same as illegal and consequently, direct the
third respondent to consider the petitioner for appointment to the post of
Secondary Grade Teacher in BC and MBC Welfare Department (Kallar
Reclamation Schools) in pursuance to the option exercised by the petitioner in
pursuance to the addendum to Notification Advt. No.05 of 2014, dated
06.08.2014 within the time stipulated by this Court.
For Petitioner : Mr.T.Lajapathi Roy
For Respondents : Mr.R.Ragavendran for R1, R2, R4 & R5
Government Advocate
Mr.VR.Shanmuganathan for R3
No appearance for R6
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W.P.(MD)Nos.17454 & 17829 of 2014
ORDER
This Writ Petition in W.P.(MD)No.17454 of 2014 is filed for issuance of a Writ of Mandamus, directing the second respondent to include the petitioner's name in Provisional Revised Selection List-BC & MBC Welfare Department of TNTET of TRB-2012, 2013-Paper-I dated 17.10.2014 and consequently issue an appoinmtment order.
2. This Writ Petition is W.P.(MD)No.17829 of 2014 is filed for issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned selection list of Secondary Grade Teachers for BC and MBC Welfare Department (Kallar Reclamation Schools) dated 15.10.2014 published by the third respondent and quash the same as illegal and consequently, direct the third respondent to consider the petitioner for appointment to the post of Secondary Grade Teacher in BC and MBC Welfare Department (Kallar Reclamation Schools) in pursuance to the option exercised by the petitioner in pursuance to the 5/17 https://www.mhc.tn.gov.in/judis W.P.(MD)Nos.17454 & 17829 of 2014 addendum to Notification Advt. No.05 of 2014, dated 06.08.2014 within the time stipulated by this Court.
3. The brief facts of the case are that the petitioner in W.P.(MD)No.17454 of 2014 namely, Udaiyarani belongs to Hindu-Piramalai Kallar and has completed 10th standard (X standard) in March 2000 and Higher Secondary in March 2002 and Completed D.T.Ed., (Tamil Medium) in June 2009. The second respondent conducted Tamil Nadu Teachers Eligibility Test Examination for the direct recruitment for the post of Secondary Grade Assistant in the year 2013. The petitioner applied and wrote the examination and was awarded 99 marks. Thereafter, based on G.O.Ms.No.71, dated 30.05.2014 of School Education (TRB) Department, after adding weightage marks, the petitioner was given 72.34 marks and declared eligible. The petitioner was asked to appear for certificate verification on 20.01.2014 at Jaiva Corporation Girls Higher Secondary School, Tirupur. The petitioner attended and produced all relevant certificates. In the meanwhile, the TRB has released a Provisional Revised Selection List BC and MBC Welfare Department, dated 17.10.2014 for language Tamil without 6/17 https://www.mhc.tn.gov.in/judis W.P.(MD)Nos.17454 & 17829 of 2014 including the petitioner's name. The list contains 64 candidates showing the marks scored which varies from 75.08 to 64.45. The entire list of candidates belongs to Hindu-Piramalai Kallar Community except the last one, who belongs to PH candidate. Even though the petitioner belongs to Hindu-Piramalai Kallar, the petitioner's name was not in the list and the petitioner's mark is within the cut off mark as stated above. The petitioner has approached the TRB Office directly but no answer was given by the TRB. Aggrieved over the same, the present writ petition is filed.
4. The contention of the second respondent is that all the candidates was directed to submit certain particulars through online. But the writ petitioners, namely, Udhayarani and Jeevitha did not participate in the selection for the provisional list. It was specifically informed in the General Notification that individual letters will not be sent to the candidates. Taking note of this notification all the selected candidates have participated but the writ petitioners, namely, Udhayarani and Jeevitha did not participate and hence their names are not in the selected list.
7/17 https://www.mhc.tn.gov.in/judis W.P.(MD)Nos.17454 & 17829 of 2014
5. At the time of admission, this Court vide order, dated 31.11.2014 has stayed the entire revised Provisional list BC and MBC Welfare Department, TNTET 2013, 2013-paper I of Teacher's recruitment Board, dated 17.10.2014. Aggrieved over the same, the respondents have filed counter along with vacate stay. In the counter the respondents have submitted that the petitioner is not qualified to hold the post since she had not submitted particulars through on line. It was specifically stated in the general notification individual letters will not be sent and the petitioner have missed the chance.
6. It is seen because of the interim order, three other candidates who have participated in the selection process also filed a writ petition in W.P. (MD) No. 3926, 7012 of 2019 and these candidates who have been provisionally selected are unable to get their appointments. Therefore, the stay granted by this Court was modified, vide order, dated 09.03.2021 to the effect that the stay is vacated and the one post of Secondary Grade teacher in any of the BC and MBC Department School shall be kept reserved for the petitioner namely, Udaiyarani 8/17 https://www.mhc.tn.gov.in/judis W.P.(MD)Nos.17454 & 17829 of 2014 herein.
7. Heard Mr.C.Masilamani, the Learned Counsel for the petitioner in W.P. (MD)No.17454 of 2014, Mr.R.Ragavendran, Learned Government Advocate for R1,R2 & R4 and Mr.VR.Shanmuganathan, Learned Counsel for R3. Mr.T.Lajapathi Roy the Learned Counsel for the petitioner in W.P.(MD)No.17829 of 2014, Mr.R.Ragavendran Learned Government Advocate for R1, R2, R4 & R5 and Mr.VR.Shanmuganathan Learned Counsel for R3
8. When the writ petition was taken up for final hearing, the contention of the second respondent is that all the candidates was directed to submit certain particulars through online. But the writ petitioner, namely, Udhayarani and Jeevitha did not participate in the selection for the provisional list. It was specifically informed in the general notification that individual letters will not be sent to the candidates. Taking note of this notification all the selected candidates have participated but the writ petitioners, namely, Udhayarani and Jeevitha did not participate that is why both were not in the selection list. 9/17 https://www.mhc.tn.gov.in/judis W.P.(MD)Nos.17454 & 17829 of 2014
9. Challenging this selection process, five writ petitions are filed, other three writ petitions are disposed of. It is submitted by the official respondents that the candidates, namely, Maheswari, Jeganath and Manjari are in the “Provisional Selection List – 2019” and they will be granted appointment shortly. As far as Udhayarani is concerned one post is kept vacant based on the interim order of this Court. The TRB submitted before this court that in the provisional selection list where it is stated in Sl.No.14, it is reserved for Undhayarani. Therefore this Court is directing that in the reserved post, the respondents shall accommodate the writ petitioner Udharani and grant an appointment.
10. As far as Jeevitha is concerned there is no interim order in the writ petition. It is submitted before the Court that certain candidates have not joined the allotted post and there is vacancy available. Therefore, this Court is directing the TRB to consider the candidature of Jeevitha and grant appointment order in any of the vacancies that are available due to candidates who have not joined in the allotted vacancies.
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11.The Joint Director, Kallar Reclamation, has sent a communication, dated 05.05.2016 that an appointment order was issued for 49 candidates. However, only 47 candidates have joined the service on 24.08.2009. From the list of Teachers Recruitment Board, dated 05.08.2015, the persons namely, S.Muthupandi shown in Sl.No.7 and S.Kalpana shown in Sl.No.22 have not joined the service. Therefore, two posts are vacant. It is submitted that the candidate Manjeri was already in the list and she joined the post. Since two posts are available, the respondents are directed to issue the appointment order to the writ petitioners, namely T.Udhayarani and C.Jeevitha.
12.The communication, dated 05.05.2016, where it has been stated as under:
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Nkw;fz;l gzpNaw;fhj ,uz;L gzpehLeh;fSf;Fk; ghh;it 4y; fz;Ls;sgb 12/17 https://www.mhc.tn.gov.in/judis W.P.(MD)Nos.17454 & 17829 of 2014 gzpapy; Nru mwpTWj;jp %d;W Fwpg;ghiz tiuTfs; gjptQ;ry; %yk; mDg;gg;gl;lJ. ,Ug;gpDk; ,t;tpU gzpehLeh;fSk; gzpNaw;fhjij njhlh;e;J ghh;it 5y; fhZk; ,t;tYtyf nray;Kiw Mizapd;gb ghh;it 2 kw;Wk; 3y; fz;Ls;s Mizfs; ,uj;J nra;J Mizaplg;gl;lJ. Nkw;fz;l gzpehLeh;fspd; Mrphpah; Njh;T thhpaj;jplkpUe;J tug;ngw;w njhFg;gwpf;if (Folter) ,j;Jld; ,izj;J mDg;gg;gLfpwJ vd;w tptuj;jpid gzpTld; njhptpj;Jf; nfhs;fpNwd;. VdNt mth;fSf;F gjpyhf ,uz;L gzpaplq;fspy; gzp epakdk; nra;Ak; nghUl;L jkpo;ehL Mrphpah; Njh;T thhpaj;jpypUe;J ,uz;L gzpehLeh;fspd; gl;baiyg; ngw;W mDg;GkhWk; Nfl;Lf; nfhs;sg;gLfpwJ. ,izg;G ghh;it 4 kw;Wk; 5y; fz;Ls;s fbjq;fs;.
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/c.e.c.g/ ,iz ,af;FeUf;fhf> Neh;Kf cjtpahsh; (f.rP) kJiu.” 13/17 https://www.mhc.tn.gov.in/judis W.P.(MD)Nos.17454 & 17829 of 2014
13.The exercise of granting appointment order to Udaiyarani and Jeevitha shall be completed within a period of two weeks from the date of receipt of the copy of this order.
14.With the above direction, the Writ Petitions are disposed of. No costs. Consequently, connected miscellaneous petitions are closed.
17.03.2022 Index : Yes / No Internet : Yes jbr Note:
In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate/litigant concerned.
To
1. The Principal Secretary to Government, School Education (TRB) Department, Secretariat, Fort St.George, 14/17 https://www.mhc.tn.gov.in/judis W.P.(MD)Nos.17454 & 17829 of 2014 Chennai – 600 009.
2. The Chairman, Teachers Recruitment Board, EVK Sampath Maaligai, College Road, Chennai – 600 006.
3. The Director of School Education, College Road, Chennai – 600 006.
4. The Director of Elementary Education, College Road, Chennai – 600 006.
5. The State of Tamil Nadu represented by the Principal Secretary to Government, Elementary Education Department, St.George Fort, Chennai – 9.
6. The Secretary, Tamil Nadu Teachers Recruitment Board, E.V.K.Sampath Maligai, DPI Compound, Chennai.
7. The Commissioner/Director, Most Backward & De-notified Communities Welfare, Chennai – 600 005.
8. The Joint Director, 15/17 https://www.mhc.tn.gov.in/judis W.P.(MD)Nos.17454 & 17829 of 2014 Kallar Reclamation, Madurai – 20.
S.SRIMATHY, J jbr 16/17 https://www.mhc.tn.gov.in/judis W.P.(MD)Nos.17454 & 17829 of 2014 Pre-delivery Order made in W.P.(MD)Nos.17454 & 17829 of 2014 17.03.2022 17/17 https://www.mhc.tn.gov.in/judis