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Madras High CourtWA/1521/2018dismissed

Simson Rajkumar .V v. The State Of Tamil Nadu

2018-07-19Honourable Mr Justice M.Dhandapani,Honourable Mr Justice Huluvadi G. Ramesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.7.2018

CORAM

THE HONOURABLE MR.JUSTICE HULUVADI G.RAMESH AND THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.A.No.1521 of 2018 and C.M.P.No.12262 of 2018 Simson Rajkumar.V Appellant

Versus

1. The State of Tamil Nadu, rep. by the Secretary, Higher Education, Fort St. George, Chennai 600 009.

2. The Teacher Recruitment Board, rep. by its Member Secretary, 4th Floor, EVR Sampath Maligai, DPI Compound, College Road, Chennai 600 006.

Respondents Prayer: Writ Appeal filed filed under Clause 15 of the Letters Patent against the order dated 30.11.2017 passed in W.P.No.31071 of 2017 on the file of this court.

WP.NO.31071/2017:

Petition is filed Under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus, calling for entire records of the 2nd respondent pertaining to the Impugned Notification/ Advertisement No.2/2016 dated 27.02.2016 for direct recruitment of Senior Lecturers/ Lecturers/ Junior Lecturers in District Institute of Education and Training and Government Teacher Training Institutes under the State Council of Educational Research and Training Tamil Nadu for 2016 and quash the same and consequently directing the 2nd respondent to conduct re-examination.

For appellant : Mr.Perumpulavil Radhakrishnan Mr.M.Dharanidharan

For respondents: Mr.P.S.Sivashanmugasundaram, Special Government Pleader

JUDGMENT

(Judgment of the court was made by M.DHANDAPANI, J.) The writ petitioner has filed the present writ appeal challenging the order passed by the learned Single Judge in dismissing the writ petition which sought for quashing the notification/advertisement for direct recruitment of Senior Lecturers/Lecturers/Junior Lecturers in District Institute of Education and Training and Government Teacher Training Institutes under the State Council of Educational Research and Training, Tamilnadu for 2016 and a direction to the second respondent to conduct re-examination.

2. The case of the petitioner is that he is a qualified candidate for the above posts and on noticing the above advertisement, he had applied for the same and appeared for examination on 17.9.2016, however, alleging that there were some discrepancies and incompatibility of translation found in the bilingual question paper viz., English and Tamil, he had moved the authorities and subsequently, filed the writ petition.

3. Having heard the learned counsel appearing for the parties and perused the materials available on record, we find that the learned Single Judge, after elaborate discussion on the facts and circumstances of the case and considering that though the appellant/writ petitioner had appeared for the examination on 17.9.2016 and he had time till 28.9.2016 as per the addendum dated 12.7.2016, he had slept over the matter without moving either the authority or the court in time and therefore, he is guilty of delay and laches, dismissed the writ petition.

4. We do not find any error in the order passed by the learned Single Judge warranting interference. Accordingly, the writ appeal fails and the same is dismissed. No costs. The connected miscellaneous petition is also dismissed. Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar

ssk.

To:

1. The State of Tamil Nadu, rep. by the Secretary, Higher Education, Fort St. George, Chennai 600 009.

2. The Teacher Recruitment Board, rep. by its Member Secretary, 4th Floor, EVR Sampath Maligai, DPI Compound, College Road, Chennai 600 006.

+2cc to Mr.M.Dharanidharan, Advocate sr.no.47867 +1cc to Government Pleader sr.no.48466 W.A.No.1521 of 2018 vba(co) nr 05/09/2018