The Chairman v. Ajitha Purushothaman
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.02.2022 Coram THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN AND THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ W.A.No.1591 of 2018 of 2021 and CMP.No.12784 of 2018
1. The Chairman Teachers Recruitment Board, 4th floor, EVK Sampath Maligai, DPI Campus, College Road, Chennai 600 006.
... Appellant Vs
1. Tmt.Ajitha Purushothaman
2. The Annamalai University Annamalaipuram, Chidambaram.
... Respondents Prayer:Writ Appeal is filed under clause 15 of the Letter Patent praying to allow the Writ Appeal and set aside the order made in WP No.34643 of 2012 by the order dated in 14.11.2017. Prayer in 34643 of 2012 : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the publication issued by the first respondent through website 05.12.2012 of the non selection of the petitioner with Roll No.12TE25153372 for the post of Graduate Teachers (BT Assistants) for the year 2012 in English and quash the same and direct the first respondent to issue appointment order to the petitioner for the post of Graduate Teachers (BT Assistant) in English.
For Appellant : Mr.K.V.Sanjeevkumar Special Govt.Pleader For Respondents: Mr.G.Sankaran for R1 Mr.V.R.Kamalanathan for R2
JUDGMENT
Instant writ appeal is directed against the order dated 14.11.2017 made in W.P.No.34643 of 2012.
2. The learned single Judge after considering the facts and circumstances of the case, has allowed the writ petition filed by the first Respondent herein. Aggrieved by the order of the learned single Judge, the appellant/Teachers Recruitment Board has filed this writ appeal.
3. When the Writ Appeal is taken up for hearing, Mr.G.Sankaran, learned counsel appearing for the first respondent, has fairly conceded that this writ appeal is covered by the judgment of a Division Bench of this Court vide in which the Division Bench of this Court, by judgment dated 29.04.2021 made in W.A.(MD)No.1102 of 2020, in a similar facts and circumstances of the case, has confirmed the order of the learned single Judge. It is submitted that the Special Leave Petition filed against the said judgment was also dismissed by the Hon'ble Supreme Court.
3. In view of the above submission made by the learned counsel appearing for the first respondent, we consider it appropriate to allow the writ appeal, following the judgment of the Division Bench of this Court dated 29.04.2021 made in W.A. (MD)No.1102 of 2020, which attained finality before the Supreme Court.
4. In fine, this writ appeal is allowed. No order as to costs. Consequently, connected miscellaneous petition is also closed.
Sd/- Assistant Registrar(CS-V) //True copy// Sub Assistant Registrar dpq 1.
The Chairman Teachers Recruitment Board, 4th floor, EVK Sampath Maligai, DPI Campus, College Road, Chennai 600 006.
2. The Annamalai University Annamalaipuram, Chidambaram.
+1cc to Mr.G.Sankaran, Advocate SR.No.10457 W.A.No.1591 of 2018 PL(CO) GMY(11/04/2022)