K.Rajeswari, D/O.P.Kovil v. The Principal Secretary/
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.06.2023
CORAM:
THE HONOURABLE MR.JUSTICE J. SATHYA NARAYANA PRASAD W.P.Nos.15352, 15353, 15356 to 15359 of 2012 and MP.Nos.1 & 2 of 2012 K.Rajeswari ... Petitioner in W.P.No.
15352 of 2012 M.Bavani ... Petitioner in W.P.No.
15353 of 2012 P.Saravanan ... Petitioner in W.P.No.
15356 of 2012 P.Balakrishnan ... Petitioner in W.P.No.
15357 of 2012 M.Bala Gangadharan ... Petitioner in W.P.No.
15358 of 2012 S.Ramamoorthy ... Petitioner in W.P.No.
15359 of 2012 Vs.
1. The Principal Secretary/State Commissioner for Differently Abled, Chennai - 78.
2. The Director, Employment and Training Department, Guindy, Chennai - 32.
3. The Joint Director, Office of the State Commissioner, for Differently Abled, Chennai - 78.
4. K.Munirajulu, Deputy Warden, Government Higher Secondary School for the Deaf, Dharmapuri.
5. S.Rajan, Deputy Warden, Government High School for the Deaf, Erode.
... Respondents COMMON PRAYER : Writ Petitions are filed under Article 226 of Constitution of India, to issue Writ of Certiorarified Mandamus to call for the records pertaining to the order of the first respondent herein passed in his proceedings No.3906/SS.1/2011 dated 25.05.2012 appointing the fourth and fifth respondents herein as Deputy Warden in the Government School for the Deaf and quash the same and consequently, direct the first respondent herein to consider the petitioner for appointment as Deputy Warden in the Government School for the Deaf as per Rules.
In all W.Ps.
For Petitioners : Mr.R.Pream Narayanan For Respondents For R1 to R3 : Mr.V.Nanmaran Addl.Government Pleader For R5 : Mr.S.Balasubramanian For R4 : No appearance
COMMON ORDER These writ petitions have been filed seeking to call for the records pertaining to the order of the first respondent herein passed in his proceedings No.3906/SS.1/2011 dated 25.05.2012 appointing the fourth and fifth respondents herein as Deputy Warden in the Government School for the Deaf and quash the same and consequently, direct the first respondent herein to consider the petitioners for appointment as Deputy Warden in the Government School for the Deaf as per Rules.
2. The learned counsel for the petitioners submitted that though the petitioners possess requisite qualifications to the post of Deputy Warden, the first respondent herein had called for only those who had educational qualification of Higher Secondary Course, Teachers Training Certificate, Junior Diploma in Teaching the Deaf. For filling up the post of Deputy Warden in the Special Schools, the above qualification is mandatory and only when there is no person available with Junior Diploma in Teaching the Deaf, a person with Senior Diploma in Teaching the Deaf is opted. This is an admitted procedure adopted by the first respondent herein for the selection to the post of Deputy Warden in Government School for the Deaf.
3. He further submitted that on 25.05.2012 the first respondent herein has selected Mr.K.Munirajulu/4th respondent under MBC non-priority quota and Thiru.S.Rajan/5th respondent, Hindu under SC priority quota. Thiru.S.Rajan/fifth respondent belongs to Backward Community and cannot be appointed under SC priority quota. Thiru. K.Munirajulu/4th respondent and Mr.S.Rajan/5th respondent herein have been issued with an appointed order dated 25.05.2012 as Deputy Warden in Government Higher Secondary School for the Deaf, Dharmapuri and Erode respectively. The 4th & 5th respondents are qualified in B.Ed., with Senior Diploma in Teaching the Deaf and they are qualified to be appointed as B.T.Assistant and not as Deputy Warden in the Government School for the Deaf.
Therefore the order of appointment issued to the fourth respondent is liable to be quashed and the appointment order issued to the fifth respondent is contrary to the communal rotation. When the post of Deputy Warden in the Government School for the Deaf is a selection post, the first respondent herein ought to have conducted an interview among qualified persons who have registered in Employment Exchange.
respondents. Therefore, the petitioners pray for appointment as Deputy Warden in the Government School for the Deaf as per Rules.
4. The learned Additional Government Pleader appearing for the respondents 1 to 3 has filed a counter affidavit on behalf of the second respondent and in which the details of the registration of the petitioners with the employment exchange is given and the relevant paragraph is extracted as below:- "3. With regard to para 2 & 3 of the affidavit it is submitted that the petitioners have registered their educational qualifications in various Employment Exchanges in Tamil Nadu and their registration particulars as per the records maintained are as follows:
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Name & Office Registration No & Regn date Commu nity Date of Birth Qualifications registered with Seniority K.Rajeswari Thoothukudi TTD2004F000 02894 SC 06.06.89 Sec.Gr.Tr.SF 19.01.2009 Junior Dip.in Teaching for Deaf: SF 25.10.2010 M.Bavani Thirunelveli TND2009F000 00406 MBC 30.05.87 HSC SF 20.01.2009 Sec.Gr.Tr.SF 20.01.2009 Junior Dip.in Teaching for Deaf: SF 25.10.2010 N.Kannan Karur KRD2007M00 005620 MBC 15.06.85 HSC SF 15.10.2007 Sec.Fr.Tr.SF 24.03.2008 Junior Dip.in Teaching for Deaf:SF 14.09.2009
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No.
Name & Office Registration No & Regn date Commu nity Date of Birth Qualifications registered with Seniority M. Sasi Dindigul DGD2001M00 008575 MBC 30.1077 SSLC SF 08.07.1998 HSC SF 22.06.2000 BA SF 30.12.2012 Dip.in Co-op. SF 06.11.2001 Sec.Gr.Tr.SF 24.03.2008 Junior Dip.in Teaching for Deaf:25.10.2010 P.Saravanan Dharmapuri DRD2012M00 000769 MBC 02.06.86 SSLC SF 06.07.2001 HSC SF 28.05.2004 Sec.Gr.Tr.SF 12.03.2007 Junior Dip.in Teaching for Deaf: SF 26.10.2010 P.Bala Krishnan Thirunelveli TND2004M00 002328 MBC 30.04.87 HSC SF 27.05.2004 Sec.Gr.Tr.SF.12.03.200 Junior Dip.in Teaching for Deaf:SF 13.02.2009 M.Balagang adharan Thirunelveli TND2009M00 000143 MBC 10.06.85 HSC SF 19.01.2009 Sec.Gr.Tr.SF 19.01.2009 Junior Dip.in Teaching for Deaf: SF 25.10.2010 S.Rama moorthy Dharmapuri DRD2000M00 004388 MBC 25.04.84 SSLC SF 03.07.2000 HSC SF 31.05.2002 B.Com., SF 08.09.2005 Sec.Gr.Tr SF 24.03.2008 Junior Dip.in Teaching for Deaf:SF 25.10.2010
5. He further submitted that in paragraph No.4 of the counter affidavit, the cut off date for the Secondary Grade Teacher/Deputy Warden for
Government Schools for Deaf vacancies are mentioned and the same is extracted as hereunder:- "The Cut-off date for the above vacancies are as follows: Scheduled Caste General Priority - All Available - Nominated Scheduled Caste General Non-Priority - 27.02.2006 Most Backward Class - General - Non -Priority - 10.06.2004"
6. Considering the submission and recording the counter affidavit filed by the learned Additional Government Pleader for the respondents 1 to 3, these writ petitions stand dismissed. No costs. Consequently connected miscellaneous petitions are also closed.
12.06.2023 dpq Index : Yes /No Speaking Order : Yes/No
To
1. The Principal Secretary/State Commissioner for Differently Abled, Chennai - 78.
2. The Director, Employment and Training Department, Guindy, Chennai - 32.
3. The Joint Director, Office of the State Commissioner, for Differently Abled, Chennai - 78.
J. SATHYA NARAYANA PRASAD, J.
dpq W.P.Nos.15352, 15353, 15356 to 15359 of 2012 12.06.2023