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Madras High CourtWP/12699/2015disposed of with direction

Smt.P.Rajeswari, v. The State Of Tamil Nadu,

2015-04-286 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.04.2015

CORAM:

THE HONOURABLE MR.JUSTICE D.HARIPARANTHAMAN W.P.No.12699 of 2015 and M.P.No.1 of 2015 P.Rajeswari D/o.G.Ponnuraman ...

Petitioner vs.

1.The State of Tamil Nadu, represented by The Commissioner/Director, Employment and Training, Chennai - 600 032.

2.The Assistant Director, Employment and Training, Chennai - 600 032.

3.The Assistant Director, District Employment Office, Thanjavur - 613 007.

4.The Regional Joint Director, Employment, Tiruchirapalli - 620 001.

5.Member Secretary, Teacher Recruitment Board, College Road, Chennai - 600 006.

...

Respondents

PRAYER: Writ petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus directing the respondents to include the name of the petitioner in the select list and thereby to appoint the petitioner as Computer Instructor with all attendant benefits at par with her juniors for which the petitioner made a representation dated 01.04.2015 to the respondents.

For Petitioner : Mr.R.Malaichamy For Respondents : Mr.S.Gunasekaran Government Advocate *****

O R D E R

Heard both sides. By consent, the writ petition is taken up for final disposal at the admission stage itself in view of the narrow prayer made at the time of hearing of the writ petition.

2. The grievance of the petitioner is that when the employment exchange sponsored the names of candidates for the post of computer instructor, the name of the petitioner was not included in the said list. The petitioner registered in the employment exchange on 15.02.2011 under the inter-caste marriage category.

3. The learned counsel for the petitioner submits that the petitioner belonged to backward community and she married a scheduled caste person and hence, she is entitled to preference as per the Government orders. Learned counsel also brought to the notice of this Court the provisional selected list of candidates enclosed at page No.11 of the typed set of papers, which contains names of 652 candidates. According to the learned counsel, the candidates mentioned in Sl.Nos.362 and 475, belong to backward community and they registered in the employment exchange in the intercaste marriage category subsequent to the registration of the petitioner. Hence, the petitioner filed this writ petition to include her name also in the selected list.

4. The learned Government Advocate submits that the relevant person who is sponsoring the names, is third respondent.

5. The petitioner has submitted a representation dated 01.04.2015 to the first respondent to include her name in the selected list. In the circumstances, I am not issuing any direction to the Teachers Recruitment Board to include the name of the petitioner in the selection list. However, I direct the third respondent to consider the representation of the petitioner dated 01.04.2015 about non-sponsoring of her name for the post of computer

instructor to Teachers Recruitment Board, within three weeks from the date of receipt of a copy of this order. If the third respondent comes to the conclusion that the petitioner's name was erroneously omitted to be included in the sponsored list and is ready to sponsor her name, the Teachers Recruitment Board shall consider the claim of the petitioner for the post of computer instructor. Till the third respondent passes an order, the Teachers Recruitment Board is directed to keep one post vacant.

This Writ Petition is disposed of with the above direction. No costs. Consequently, connected miscellaneous petition is also closed. 28.04.2015 Index : No Internet : Yes gm Note: Issue order copy on 08.05.2015

To 1.The Commissioner/Director, Employment and Training, Chennai - 600 032.

2.The Assistant Director, Employment and Training, Chennai - 600 032.

3.The Assistant Director, District Employment Office, Thanjavur - 613 007.

4.The Regional Joint Director, Employment, Tiruchirapalli - 620 001.

5.The Member Secretary, Teacher Recruitment Board, College Road, Chennai - 600 006.

D.HARIPARANTHAMAN, J.

gm W.P.No.12699 of 2015 28.04.2015