K.Sathish Kumar, v. The Chairman,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.03.2021
CORAM
THE HON'BLE MR.JUSTICE R. SURESH KUMAR Writ Petition No.6613 of 2012 1.K.Sathish Kumar 2.M.Rukmangathan 3.Senthil Kumar
...Petitioner
-Vs1.The Chairman Teachers Recruitment Board 4th Floor, EVK Sampath Maaligai College Road, Chennai - 600006.
2.The Secretary to Government Department of School Education Secretariat, Fort St.George, Chennai-9.
3.The Director of Professional and Executive Employment, Santhome High Road, Chennai-5.
4.The Commissioner of employment and Training Guindy, Chennai.
... Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the respondents to consider Seniority in all priority categories in the process of appointment of Physical Education Teachers based on their Date of Registration under the Employment Exchange. For Petitioners :No appearance For Respondents :Mr.C.Munusamy, Special Govt.Pleader - for R1 Mr.S.Suresh Kumar, Govt.Advocate- for R2 Mr.Magesh, Spl.Govt.Pleader-for RR 3 and 4
O R D E R
The prayer sought for herein is for a Writ of Mandamus directing the respondents to consider Seniority in all priority categories in the process of appointment of Physical Education Teachers based on their Date of Registration under the Employment Exchange.
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2. When the case is taken up for final hearing today, the learned Special Government Pleader appearing for the respondents would submit that, the system of selecting Physical Education Teachers based on the seniority in Employment Exchange has been done away long back and presently the selection is being made only by competitive examination and therefore the question of maintaining employment exchange seniority does not arise and accordingly the prayer sought for in the writ petition cannot be maintained.
3. In view of the said submission made by the learned Special Government Pleader, where the system of selection based on seniority in employment exchange registration has been done away long back, the question of maintaining any seniority in that aspect ie., employment exchange seniority does not arise. Therefore, such kind of mandamus cannot be issued to the respondents to maintain such seniority.
4. Therefore, the writ petition is liable to be rejected. Accordingly, the same is dismissed. No costs. Sd/- Assistant Registrar (CS-VII) //True Copy// Sub Assistant Registrar KST To 1.The Chairman Teachers Recruitment Board 4th Floor, EVK Sampath Maaligai College Road, Chennai - 600006.
2.The Secretary to Government Department of School Education Secretariat, Fort St.George, Chennai-9.
3.The Director of Professional and Executive Employment, Santhome High Road, Chennai-5.
4.The Commissioner of employment and Training Guindy, Chennai. +1 CC to Government Pleader SR Nos.20191,19954 & 19709 W.P.No.6613 of 2012 PMK(CO) RG.20.04.2021 https://hcservices.ecourts.gov.in/hcservices/