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Madras High CourtWP/11200/2010disposed of

V.A.Vanitha v. The Director Of School

2019-09-26Honourable Mr Justice Subramonium Prasad3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.09.2019

CORAM

THE HON'BLE MR.JUSTICE SUBRAMONIUM PRASAD W.P.No.11200 of 2010 and M.P.No.1 of 2010 V.A.Vanitha

...Petitioner

Versus

1.The Director of School Education, Chennai - 600 006.

2.The Special Commissioner and Commissioner of Employment and Training, Chennai - 600 032.

3.The District Employment Officer, District Employment Exchange, Erode.

4.The Teachers Recruitment Board, Rep.by its Member-Secretary, Chennai - 600 006.

.. Respondents Prayer: The Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus, directing the third respondent to include the petitioner name, bearing Reg.No.W/150/91, in the District Employment Exchange in the list of candidates sponsored to the fourth respondent for recruitment as B.T/Graduate Assistant (Computer Science) for Middle/High/Higher Secondary Schools 2009-10, on the basis of Employment Exchange Registration Seniority and to direct the fourth respondent to appoint the petitioner as Graduate Teacher with all consequential benefits.

For Petitioner : Mr.M.Ravi For Respondents : Mr.P.Raja Government Advocate for R1 & R4 Mrs.K.Bhuvaneswari Additional Government Pleader for R2 & R3

O R D E R

This instant writ petition is filed for a mandamus, directing the employment exchange to include the name of the petitioner bearing Registration No.W/150/91, in the list of candidates sponsored to the fourth respondent for recruitment as B.T/Graduate Assistant (Computer Science) for Middle/High/Higher Secondary Schools 2009-10 and consequently direct the fourth respondent to appoint the petitioner as Graduate Teacher with all consequential benefits.

2. The petitioner is a B.Sc.,(Computer Science) graduate and she has also acquired her B.Ed. The petitioner registered her name in the District Employment Exchange, Erode. She renewed her employment registration periodically. Though, she is having required qualification, she has not yet been sponsored by the Employment Exchange. The petitioner further states that the Tamil Nadu Recruitment Board conducted recruitment for the year 2009-2010, but, her name is not sponsored for the reason, which are not known to her. Hence, the instant writ petition is filed.

3. Though, notice was issued to the respondents, they have not come forward to file a reply and there is no reason as to why the name of the petitioner has not been sponsored. The conduct of the respondent is not appreciated. The Madurai Bench of this Court has dealt with the similar issue in W.P.(MD). No.13761 of 2009 and the same was disposed of on 21.12.2009 and the operative portion of the said order is extracted here under : " In view of the facts and circumstances of the case, this Court is constrained to direct the third respondent to sponsor the name of the petitioner to the fourth respondent herein for the post of Graduate Teacher/B.T.Assistant for Government Middle/High/Higher Secondary School 2009-2010. The fourth respondent, in turn, is directed to consider the claim of the petitioner and if the petitioner is otherwise qualified and eligible and also in the light of G.O.Ms.No.263 (School Education, M2 Department) dated 21.12.2006, shall select and appoint her as Graduate Teacher/B.T.Assistant for Government Middle/High/Higher Secondary School 20092010."

4. In the light of the above decision, this writ petition is disposed of, directing the fourth respondent to dispose of the representation of the petitioner dated 06.01.2010, within a period of twenty days from the date of receipt of a copy of this order. No costs. Connected miscellaneous petition is closed. -s/dAssistant Registrar True Copy Sub-Assistant Registrar ms To 1.The Director of School Education, Chennai - 600 006.

2.The Special Commissioner and Commissioner of Employment and Training, Chennai - 600 032.

3.The District Employment Officer, District Employment Exchange, Erode.

4.The Member-Secretary, The Teachers Recruitment Board, Chennai - 600 006.

+1 cc to M/s.M.Ravi Advocate sr83102 +1 cc to Government Pleader sr83646 W.P.No.11200 of 2010 and M.P.No.1 of 2010 rsv(co) aa05/11/2019