K.Kumar, v. The State Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :15.09.2023
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P. No.23793 of 2010 and W.M.P. No. 1 of 2010 K.Kumar ...
Petitioner Vs.
1.The State of Tamilnadu represented by the Secretary to Government, School Education Department Fort St. George, Chennai - 600 009.
2.The Director of School Education, College Road, Nungambakkam, Chennai - 600 006.
3.The Teachers Recruitment Board, Represented by the Chairman, EVK Sampath Malligai, College Road, Chennai- 600 006.
...
Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 2 and 3 herein 1/8
to implement the Rule of Reservation in strict compliance with its object and policy in the recruitment to the post of Block Resource Teacher Educator in History in so far as the petitioner is concerned and thereby direct the respondents to consider the petitioner for selection and appointment to the post of Block Resource Teacher Educator in History with Roll Number X08230501 based on the certificate Verification conducted on 05.06.2010. (Prayer amended vide order dated 21.04.2023 made in WMP No.11945 of 2023 in W.P.No.23793 of 2010) For Petitioner :
Mr.A.R.Suresh For R1 & R2 :
Mr.L.S.M.Hasan Fizal Additional Government Pleader For R3 :
Mr.R.Neelakandan Additional Advocate General Assisted by Mr.C.Kathiravan
O R D E R
This Writ petition has been filed for direction directing the respondents 2 and 3 herein to implement the Rule of Reservation with objection and policy in the recruitment to the post of Block Resource Teacher Educator in History and select the petitioner and appoint him to the post of Block Resource Teacher in the History Department. 2/8
2.
Heard the learned counsel appearing for the petitioner, the learned Additional Government Pleader appearing for the respondents 1 & 2, the learned Additional Advocate General appearing for the third respondent and perused the materials available on record.
3. The petitioner is qualified with Under Graduation in History. He belongs to Hindu Adi Dravidar community which is classified as Scheduled Caste. The 2nd respondent issued Advertisement to fill up 564 posts of Block Research Teacher Education and thereby called for applications. Out of 564 posts, 90 posts were in turn History subject. The rule of reservation is applicable to this recruitment and accordingly, 18 candidates reserved for Scheduled Caste [Scheduled Caste Gen-11, SC(W)-4, SC(A)G-2, SC(A)W-1]. The petitioner was qualified in the competitive examination and written examination and he had scored 124 marks. However, he was not called for certificate verification.
4. On perusal of Selection list, the petitioner found that the the Scheduled Caste candidates who scored more marks than the candidates who 3/8
were selected in the General Turn. Even then the Scheduled Caste candidates were not selected under the General Turn. If at all the candidates, who scored more marks fitted against the vacancy under General Turn, the petitioner would have been selected under the Scheduled Caste Quota. The learned counsel also produced the list of selected candidates and he submitted that no candidate who scored more marks than the candidates who were selected under the General Turn were not selected under the General Turn.
5. The learned Additional Advocate General submitted that the 18 candidates were selected under Scheduled Caste (GW) and Scheduled Caste A(GW) as per the 200 point roaster. Among the Scheduled Caste candidates 3 candidates were selected under General Turn Communal Turns. The list of selected candidates are as follows : SC and SCA Candidates selected in Community Reservation Communal Turns Sl.
No Selection List Sl.No Name Community Turn Total D.O.B BV004 Kalimuthu M SC SC G 23.04.1979 BV005 Vijaya S SCA SC W 15.06.1978 CV056 Samayan K SC SC G 25.05.1970 4/8
Sl.
No Selection List Sl.No Name Community Turn Total D.O.B CV062 Ramuvelu C SC SC G 15.05.1976 CV066 Sathivadivel Kumar R SCA SCA G 18.05.1971 CV072 Sundar K SC SC G 03.09.1976 CV076 Chandravadhanam G SC SC W 03.02.1978 CV082 Jayasankar Y SC SC G 09.03.1974 CV086 Manickaraj P SC SC G 27.05.1980 CV092 Subbulakshmi R SC SC W 01.06.1973 CV102 Ambika P SCA SCA W 06.01.1981 CV106 Muniraju K SC SC SG 15.02.1975 CV112 Thangavelu T SC SC SG 10.04.1975 CV116 Sudhamathi R SC SC W 15.06.1978 CV122 Dhandayuthapani M SC SC SG 04.06.1982 CV126 Senthil Murugan C SC SC SG 06.05.1976 CV132 Ravi K SCA SCA G 05.06.1972 CV136 Emmanuel P SC SC SG 20.06.1976 SC and SCA Candidates selected in GT Communal Turns CV75 Chelladurai C SC GT 15.06.1977 CV79 Raveendran E SC GT 03.04.1977 CV119 Raja R SC GT 01.02.1980
6. The learned counsel for the petitioner submitted that the person who scored lesser marks than the persons who was selected under selected under the General Turn Communal Turns. For an example, the first candidate selected under the Scheduled Caste General Turn scored 130, 5/8
whereas the person, one Chelladurai was selected under General Turn Communal Turn scored 129. Whatever be the category, the person who scored highest mark to be fitted under the General Turn. In order to clarify this point, the learned Additional Advocate General pointed out that the 200 roaster points have been strictly followed in the selection of candidates for the Department of History.
7. Accordingly the Communal Turn Sl.No. 53 to 137 were applicable for selection of 90 post in the History Department. The Turn No.53 meant for MBC/DNC. The person who scored the highest mark under the Communal Turn was selected under the 53rd turn. Likewise, the 54th turn is meant for BC. The highest mark scored person under the BC communal turn was selected under 54th turn. The 55th turn is meant for GT. The person who scored highest mark in all Communal Turn was selected under the 55th turn. Accordingly, one Saravanan, who scored 132 under the category of BC was selected under the 55th turn. Likewise the 56th turn is meant for SC. The person, who scored highest mark under the Scheduled Caste communal turn, was selected under the 56th turn.
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8. Therefore accordingly, the other persons as mentioned in the Tabular Column Sl.No.1 to 18, were selected under the respective communal turns and S.No. 19 to 21, were coming under the Scheduled Caste communal turn were selected under the General Turn. Therefore this Court finds no irregularity or infirmity in the selection process done by the respondents herein. That apart, the petitioner had scored only 124 mark. In any event, the petitioner cannot be selected, since the cut off marks under the Scheduled Caste communal turn is 125.
9. In view of the above, this Writ Petition is devoid of merits and is liable to be dismissed. Accordingly, this Writ Petition stands dismissed. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs.
15.09.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No Lpp 7/8
G.K.ILANTHIRAIYAN.J Lpp To 1.The Secretary to Government, School Education Department Fort St. George, Chennai - 600 009.
2.The Director of School Education, College Road, Nungambakkam, Chennai - 600 006.
3.The Teachers Recruitment Board, Represented by the Chairman, EVK Sampath Malligai, College Road, Chennai- 600 006.
W.P. No.23793 of 2010 and W.M.P. No. 1 of 2010 15.09.2023 8/8