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Madras High CourtWP/8284/2010dismissed as infructuous

S.Vennila v. The Secretary

2019-10-03Honourable Mr Justice Subramonium Prasad3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE : 03.10.2019 CORAM :

THE HONOURABLE MR.JUSTICE SUBRAMONIUM PRASAD W.P.No.8284 of 2010 and M.P.No.1 of 2010 S.Vennila ... Petitioner Vs

1. The Secretary, Department of School Education, Fort.St.George, Secretariat, Chennai - 9.

2. The Chairman, Teachers Recruitment Board, DPI Complex, Egmore, Chennai - 6.

3. The Commissioner, Commissionerate of Employment & Training, Guindy, Chennai - 32.

4. The District Employment Officer, District Employment Office, Gandhi Nagar, Tiruvannamalai Town & District. ... Respondents Prayer : Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus calling for the records comprised in letter no.A6/907/2010 dated 23.2.2010, on the file of the 4th respondent, quash the same and consequently recommend the name of the petitioner with Professional Index Number is 151.20 (English) and register number is W/646/97 on the file of the 4th respondent to the post of B.T.Assistant 2009-2010 to the 2nd respondent.

For Petitioner : Mr.S.Vediappan For Respondents: Mr.P.Raja, Government Advocate for R1 & R2

Mr.A.Zakir Hussain, Government Advocate, for R3 & R4

O R D E R

The instant writ petition is for a writ of Certiorarified Mandamus calling for the records comprised in letter No.A6/907/2010, dated 23.02.2010, on the file of the 4th respondent/District Employment Officer, District Employment Office, Gandhi Nagar, Tiruvannamalai Town & District, quash the same and consequently, recommend the name of the petitioner for appointment to the post of BT Assistant.

2. The petitioner states that the petitioner is a Graduate in English. She has also done her B.ED. The petitioner belong to the B.C Community. She has registered herself with the employment office of Tiruvannamalai/ 4th respondent herein on 14.10.2005. The petitioner states that she has been renewing her registration periodically. The petitioner would state that the Teachers Recruitment Board has called for a list from the Employment Exchange for appointment of teachers. The Commissioner of Employment & Training, Guindy, Chennai - 600 032, prepared a list of persons but, the petitioner's name did not figure in the said list.

3.Further, the petitioner states that she was informed that only those persons whose registration were alive on 08.12.2009 were recommended by the 4th respondent. The petitioner states that she has sent representations stating that she had renewed her registration but, the 4th respondent by communication dated 23.02.2010 stated that the petitioner had not renewed her application on the due date ie., October 2008 and renewed it only on 10.12.2009 and therefore, the petitioner case was not considered. Challenging this letter, the present writ petition has been filed.

4.Notice was issued on the writ. There was an interim direction on 06.05.2010, directing the 4th respondent to sponsor the name of the petitioner. The petitioner's name was sponsored but, the petitioner was still not selected.

5.Today, the second respondent had filed an additional counter stating that the Board has provisionally selected candidates whose cutoff date is 29.08.1997 in BC(G) and 17.08.1997 in BC(W) category. Since for the petitioner the cutoff date is 14.10.2005, she was not considered for selection in the BC category.

6.The learned counsel for the petitioner, states that in view of the additional counter affidavit, the writ petition has become infructuous.

7.Therefore, the writ petition is dismissed as infructuous. No costs. Consequently, the connected miscellaneous petition is also closed.

s/d- Assistant Registrar(CO) True Copy Sub-Assistant Registrar tsg To

1. The Secretary, Department of School Education, Fort.St.George, Secretariat, Chennai - 9.

2. The Chairman, Teachers Recruitment Board, DPI Complex, Egmore, Chennai - 6.

3. The Commissioner, Commissionerate of Employment & Training, Guindy, Chennai - 32.

4. The District Employment Officer, District Employment Office, Gandhi Nagar, Tiruvannamalai Town & District.

+1 CC to The Govt. Pleader sr 85088 +1 CC to Mr.R. Karthikeyan, Advocate sr 84381. W.P.No.8284 of 2010 and M.P.No.1 of 2010 MR(CO) SP(16/12/2019)