J.Ismail v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.06.2021
CORAM
THE HON'BLE MR.JUSTICE S.S.SUNDAR W.P.No.5507 of 2021 J. Ismail ... Petitioner Vs
1. The State of Tamil Nadu, Rep. by its Principal Secretary to Government, School Education Department, Fort St. George, Chennai - 600 009.
2. The Teachers Recruitment Board, Rep. by its Chairman, 4th Floor, EVK Sampath Maaligai, DPI Campus, College Road, Chennai - 600 006.
3. The Director of School Education, Directorate of School Education, DPI Campus, College Road, Chennai-600 006.
... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 2nd respondent to publish the copy of the One Man Committee Report concerning the 3 centres namely (1) KSR College of Engineering, Tiruchengode, Namakkal District (2) Annai College of Engineering and Technology, Kumbakonam, Thanjavur District, (3) Kongunadu College of Engineering and Technology, Tiruchirappalli District so that the 33 candidates including the petitioner who wrote the examination in the 3 centres can be given appointment order based on the One Man Committee report. For Petitioner : Mrs.Nalini Chidambaram For Mrs.C.Uma For R1 : Mr.C.Kathiravan For R2 : Mr.C.Munusamy
O R D E R
This Writ Petition is filed by the petitioner seeking for a direction directing the 2nd respondent to publish the copy of the One Man Committee Report concerning the 3 centres namely (1) KSR College of Engineering, Tiruchengode, Namakkal District (2) Annai College of Engineering and Technology, Kumbakonam, Thanjavur District, (3) Kongunadu College of Engineering and Technology, Tiruchirappalli District so that the 33 candidates including the petitioner who wrote the examination in the 3 centres can be given appointment order based on the One Man Committee report.
2. Brief facts that are necessary for the disposal of this writ petition are as follows:- A recruitment notification was issued by the second respondent dated 01.03.2019 for the posts of 814 Computer Instructors Grade-I (Post Graduate Cadre) in Education Department for the year 2018-19. The written examination was conducted on 23.06.2019 in 119 centres for the said post. The petitioner appeared for the written examination in KSR College of Engineering on 23.06.2019.
3. In the meanwhile alleging various irregularities in a few examination centres including KSR College of Engineering, a few writ petitions were filed questioning the selection of any candidate from anyone of the three institutions referred to in the petition. In the said batch of writ petitions, an order was passed on 17.12.2020 appointing a retired judge of this Court as a One Man Committee. He submitted a report after hearing/ receiving objections from the aggrieved candidates. By order dated 17.12.2020 the writ petition filed by selected candidates, to issue appointment order to them was allowed with an observation that no candidate from the disputed centres should be given appointment.
4. The present writ petition has been filed by the petitioner who wrote his written examination in KSR College of Engineering, Tiruchengode, Namakkal District, which is one among the three centres against which allegation of malpractices were made. The prayer of the writ petition is to act upon the report, The report of One Man Committee is pursuant to the direction of this Court in a writ petition filed by several candidates. This Court directed the One Man Committee to submit its report to the Court. It is for the Court to take a decision either to act upon or to pass appropriate orders. The parties who are in favour of the report or against the report may address the Court to pass appropriate orders in their favour. The Court may also pass orders after hearing the arguments of the candidates who are in
favour of report or against the report of the One Man Committee. In such circumstances, entertaining the writ petition to issue a direction to act upon the report, may not be proper.
5. Having regard to the above facts the writ petition is dismissed with liberty to the petitioner to get himself impleaded in any of the batch of writ petitions in which the One Man Committee was appointed to redress his grievance. No costs. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar msm To
1. The Principal Secretary to Government, The State of Tamil Nadu, School Education Department, Fort St. George, Chennai - 600 009.
2. The Chairman, The Teachers Recruitment Board, 4th Floor, EVK Sampath Maaligai, DPI Campus, College Road, Chennai - 600 006.
3. The Director of School Education, Directorate of School Education, DPI Campus, College Road, Chennai-600 006.
+1cc to Mrs.C.Uma, Advocate, S.R.No.27974 dated 16/06/2021 +1cc to the Government Pleader, S.R.No.27945 dated 16/06/2021 W.P.No.5507 of 2021 GSM(CO) CT/23/07/2021