R.Prabhu v. The Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 19.01.2021
CORAM
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P.No.899 of 2021 and W.M.P.Nos.980 & 982 of 2021 (Heard through VC) R.Prabhu .. Petitioner -vs1.The Government of Tamilnadu, Represented by its Secretary to the Government, Education Department, Secretariat, Chennai - 600 009.
2.The Secretary, Teachers Recruitment Board, College Road, Chennai - 600 006.
3.The Director, Directorate of School Education, DPI Compound, Chennai - 600 006.
.. Respondents Prayer: Petition filed under Article 226 of Constitution of India to issue a Writ of Mandamus directing the second respondent to consider the petitioner's representation dated 30.12.2020 and provide the post Computer Instructors Grade-I (Post Graduate cadre) in Education Department for the year 2018-2019, vide Notification No.09/2019 dated 01.03.2019, to the petitioner with seniority.
For Petitioner : Mr.P.Saravanan For Respondents : Mr.P.Raja 1 & 3 Government Advocate For Respondent-2 : Mr.C.Munusamy Special Government Pleader
O R D E R
The petitioner has filed this writ petition seeking a direction to the second respondent to consider his representation dated 30.12.2020 and provide the post of Computer Instructors Grade-I (Post Graduate cadre) in
Education Department for the year 2018-2019, vide Notification No.09/2019 dated 01.03.2019, to him with seniority.
2. Mr.P.Raja, learned Government Advocate takes notice on behalf of the respondent Nos.1 and 3. Mr.C.Munusamy, learned Special Government Pleader takes notice on behalf of the respondent No.2. By consent of both parties, the writ petition is taken up for final disposal at the admission stage itself.
3. The petitioner has applied for the post of Computer Instructors Grade-I in Education Department for the year 20182019 vide notification issued by the second respondent. On 23.06.2019, he had attended written examination partly, since the examination was dropped due to technical issues. On 24.06.2019, the second respondent has given press release about re-examination. He wrote the examination on 27.06.2019 in another Centre. He has passed written examination and obtained state third rank. He was called for certificate verification and his name was also found in the provisional selection list issued by the second respondent. While so, one Sriranjani and others have filed W.P.No.35198 of 2019 challenging the said provisional selection list. This Court, passed an order dated 17.12.
2020, to appoint one-man commission to enquire the issue and submit the report. On 28.12.2020, the second respondent has published revised selection list. But, the petitioner's name was not found in the revised selection list. Hence, he sent a representation to the respondents dated 30.12.2020 to give appointment to him. As there was no response, the present writ petition has been filed.
4. Considering the facts and circumstances of the case, as the petitioner's representation is already pending with the authority concerned, this Court directs the respondents herein to consider the representation of the petitioner dated 30.12.2020, if not already considered, and pass appropriate orders thereon, in accordance with law, after affording an opportunity of hearing to the petitioner and others, if any, who are likely to be affected, as expeditiously as possible, preferably within a period of two months from the date of receipt of a copy of this order.
5. Accordingly, the Writ Petition is disposed of. Consequently, the connected miscellaneous petitions are closed. No costs.
Sd/- Assistant Registrar(CS-VII) //True Copy// Sub Assistant Registrar rsi
To 1.The Secretary to the Government, Government of Tamilnadu, Education Department, Secretariat, Chennai - 600 009.
2.The Secretary, Teachers Recruitment Board, College Road, Chennai - 600 006.
3.The Director, Directorate of School Education, DPI Compound, Chennai - 600 006.
+1cc to the Government Pleader SR.3026 W.P.No.899 of 2021 and W.M.P.Nos.980 & 982 of 2021 NRL(CO) CB(04/03/2021)