A.Belinda v. Teachers Recruitment Board

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.09.2023

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN A.Belinda ... Petitioner Vs.

1.Teachers Recruitment Board, Rep. by its Member Secretary, Chennai 600 006 2.District Elementary Education Officer, Cuddalore ... Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India praying to issue a Writ of Mandamus directing the first respondent to consider my representation dated 10.02.2011 and determine the petitioner ranking, notional seniority and refixation of pay. For Petitioner : Mr.Vivekanandan for Mr.B.Ravi For Respondents For R2 : Mr.L.S.M.Hasan Fizal, Additional Government Pleader For R1 : Mr.Alagu Gautham

O R D E R

This writ petition has been filed for direction to the first 1/6

respondent to consider the representation of the petitioner dated 10.02.2011 seeking to determine her ranking, notional seniority and refixation of her pay.

2.

Heard, the learned counsel appearing on either side. 3.

The petitioner had passed M.Sc in Mathematics and obtained B.Ed degree. She registered her name in the Employment Exchange. The first respondent called for applications for the posts of Graduate Teachers and the petitioner applied for the same. The petitioner was called upon to appear for certificates verification on 10.02.2006. She produced original certificate for verification. However, thereafter there was no further communication. On enquiry, she came to understand that she had scored 86 marks and cutoff mark for MBC Women candidates fixed as 82. Therefore, she filed writ petition before this Court in WP.(MD).No.2329 of 2006. In the said petition, the first respondent contended that she had produced the community certificate dated 20.01.2006 i.e. after the cutoff dated 12.09.2005. Therefore, she was 2/6

treated as OC candidate and hence, she was not selected to the post of Graduate Teachers. This Court allowed the writ petition by order dated 19.12.2007 and directed the first respondent to issue appointment order within a period of 30 days. Aggrieved by the same, the first respondent filed writ appeal in WA.(MD)No.122 of 2010 and the same was also dismissed. Only thereafter, the first respondent issued order of appointment to the petitioner as Graduate Assistant in Mathematics on 12.11.2010 and thereafter, the second respondent by order dated 02.12.2010 issued appointment order to the petitioner as BT Assistant in Panchayat Union Middle School, Cuddalore District. However, her seniority and ranking have not been fixed so far and as such, she submitted representation to determine her ranking, notational seniority and fixation of pay.

4.

Considering the above facts and circumstances, the first respondent is directed to consider the request made by the petitioner within a period of twelve weeks from the date of receipt of copy of this order, if not already considered.

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5.

With the above direction, this writ petition is disposed of. There shall be no order as to costs.

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To 1.Member Secretary, Teachers Recruitment Board, Chennai 600 006 2.District Elementary Education Officer, Cuddalore 3.The Government Advocate, High Court, Madras.

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G.K.ILANTHIRAIYAN, J.

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