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Madras High CourtWP/11816/2017disposed of

D.Jayanthi v. The State Of Tamil Nadu

2017-06-07Honourable Mr Justice T.Raja3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.06.2017

CORAM:

THE HONOURABLE MR.JUSTICE T. RAJA W.P.No.11816 of 2017 and W.M.P.No.12776 of 2017 D.Jayanthi .. Petitioner Vs.

1. The State of Tamilnadu, Rep by Secretary to Government, Education Department, Fort. St. George, Chennai - 600 009.

2. The Chief Educational Officer, Dr.P.S.Srinivasan, Municipal Higher Secondary School Campus, Vaigundhapuram Street, Kancheepuram District, Pincode - 631 501.

.. Respondents Writ Petition filed under Article 226 of The Constitution of India, praying for the issuance of Writ of mandamus, directing the 2nd respondent herein to select and appoint the petitioner in the post of Lab Assistant by verifying the corrected 'Community Certificate' dated 19.04.2017 of the petitioner. For Petitioner ..

Mr.K.Govi Ganesan For Respondents ..

Mr.P.Sanjay Gandhi Addl. Govt. Pleader

ORDER

This writ petition has been filed seeking issuance of a writ of mandamus, directing the second respondent to select and

appoint the petitioner in the post of Lab Assistant by verifying her correct community certificate dated 19.04.2017 and pass orders.

When this writ petition was taken up for admission on 02.06.2017, this Court passed the following order: "It appears from the records, the petitioner has produced all her certificates including the Community Certificate on the date of her participation in the certificate verification held on 10.04.2017 at 10.00 a.m., at SSKV (Girls) Higher Secondary School, Kancheepuram. The Community Certificate issued by the Tahsildar has clearly mentioned the petitioner's name, her husband name and also the community to which, both husband and wife belonged to. This certificate has been refused to be accepted by the authority on the ground that the petitioner should have produced Community Certificate belonging to her father.

2. On the other hand, the instructions issued in the Call Letter clearly shows that the Community Certificate issued by the Revenue Authority alone be produced. Therefore, when the instructions issued in the Call Letter clearly mentions that the Community Certificate issued by the Revenue Authority alone be produced, it cannot be misconstrued that the petitioner had failed to produce the Community Certificate showing her father's community.

3. Therefore, this Court is able to see sheer negligence and callousness on the part of the authorities, who verified the certificate of the petitioner. Hence, the respondents are directed to find out how far the petitioner can be accommodated in any of the vacancy. In any event, post the matter for passing final order on 05.06.2017."

Pursuant thereto, Mr. P.Sanjay Gandhi, learned Additional Government Pleader appearing for the respondents placing on record, the proceedings dated 06.06.2017 of the Chief Educational Officer, Kanchipuram District, submitted that the petitioner has been considered for appointment to the post of Lab Assistant and an order has also been issued to this effect.

Recording the aforesaid submission made by the learned Additional Government Pleader, the writ petition stands disposed of. No costs. Connected W.M.P. is closed.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar AT To

1. The Secretary to Government Education Department, Government of Tamil Nadu, Fort. St. George, Chennai - 600 009.

2. The Chief Educational Officer, Municipal Higher Secondary School Campus, Vaigundhapuram Street, Kancheepuram District, Pincode - 631 501.

+1 CC to Mr.K. Govi Ganesan, Advocate sr 40622 W.P.No.11816 of 2017 GJII(CO) sp/16/6