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Madras High CourtWP/22473/2011dismissed

Jeeyawol Hak.M v. The State Of Tamilnadu

2023-08-17Honourable Mr Justice G.K. Ilanthiraiyan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.08.2023

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and M.P.Nos.1 & 1 of 2011 Jeeyawol Hak.M ....

Petitioner in W.P.No.22473 of 2011 K.Maheswari ....

Petitioner in W.P.No.22474 of 2011 Vs

1. The State of Tamil Nadu, Rep. by its Secretary to Education Department, Fort St.George, Chennai - 9.

2. The Teachers Recruitment Board, Rep. by its Chairman, College Road, Chennai - 600 006.

3. The State Employment Exchange, Rep. by its Employment Commissioner, Guindy, Chennai - 600 032.

....

Respondents in both W.Ps Common Prayer :- Writ Petitions filed under Article 226 of the Constitution of India praying for Writ of Mandamus forbearing the 1st and

2nd respondents from filling up the post of Graduate Assistants (Tamil) without following the 2% reservation to the blind as per G.O.Ms.619, Education (M2) Department, dated 23.06.1993 and consequently select the petitioners.

In both W.Ps For Petitioners : Mr.J.Ravikumar For R1 & R3 : Mr. L.S.M.Hasan Fizal Additional Government Pleader For R2 : Mr.C.Kathiravan Special Government Pleader COMMON ORDER These Writ Petitions have been filed for direction directing forbearing the respondents 1 & 2 for filling up the post of Graduate Assistants (Tamil) without following the 2% reservation to the blind as per G.O.Ms.619, Education (M2) Department, dated 23.06.1993 and consequently select the petitioners.

2. Heard the learned counsel appearing for the petitioners, the learned Additional Government Pleader appearing for the respondents 1 & 3, the learned Special Government Pleader appearing for the third respondent and perused the materials available on record.

3. Both the petitioners had completed their Post Graduation viz., M.A., B.Ed., (Tamil) from Tamil Nadu Teacher Education University, Chennai. The first respondent recruited various persons in the Education Department in the school across Tamil Nadu. The second respondent was a recruiting agency which undertakes the task of calling for list of candidates from the third respondent. The third respondent had sent selected candidates for appointment to various posts in the Government Departments. The second respondent had been following 2% reservation to the blind candidates as per G.O.Ms.No.619, Education (M2) Department, dated 23.06.1993.

4. A perusal of the counter filed by the second and third respondents revealed that the petitioner in W.P.No.22474 of 2011 was duly sponsored by the second respondent to the post of Graduate Assistant Tamil as per G.O.Ms.No.619, Education (M2) Department, dated 23.06.1993, since her date of registration in the Employment Office, i.e. 14.08.2009, falls as the cut-off date to sponsor the candidates i.e., 19.09.2008. Whereas, the petitioner in W.P.No.22473 of 2011 is concerned, he had registered in the Employment Office on 16.09.2009. Therefore, he does not fall under the cut of date as he has registered after a

lapse of one year and he was not called for certification verification. The respondents duly followed 2% reservation to the blind candidates as per G.O.Ms.No.619, Education (M2) Department, dated 23.06.1993.

5. In view of the above, both the writ petitions are devoid of merits and are liable to be dismissed. Accordingly, these writ petitions stand dismissed. Consequently, connected miscellaneous petitions are closed. There shall be no order as to costs. 17.08.2023 Internet : Yes Index : Yes/No Speaking order/Non-speaking order Lpp To

1. The Secretary to Education Department, Fort St.George, Chennai - 9.

2. The Chairman, Teachers Recruitment Board, College Road, Chennai - 600 006.

3. The Employment Commissioner, State Employment Exchange, Guindy, Chennai - 600 032.

G.K.ILANTHIRAIYAN, J.

Lpp and M.P.Nos.1 & 1 of 2011 17.08.2023