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Madras High CourtWP/32576/2017dismissed

C.P. Penchala Narayanan v. Teachers Recruritment Board

2017-12-14Honourable Mr Justice T.Raja3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.12.2017

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.32576 of 2017 C.P.Penchala Narayanan ..

Petitioner -vs1. Teachers Recruitment Board represented by its Chairman 4th Floor, E.V.K.Sampath Maligai DPI Campus, College Road Chennai 600 006

2. The Member (School Education) Teachers Recruitment Board 4th Floor, E.V.K.Sampath Maligai DPI Campus, College Road Chennai 600 006 ..

Respondents Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Certiorarified Mandamus, to call for the records pertaining to the proceedings of the second respondent bearing O.Mu.No.11977/A6/2017 dated 27.11.2017 and quash the same and further issue direction to the first respondent to select the petitioner provisionally for the post of direct recruitment of Lecturers to the polytechnic college in the department of printing technology under the Scheduled Caste (Arunthathiar) community vide Notification No.6/2017 dated 28.07.2017 of the first respondent.

For Petitioner :: Mr.A.Prabhakaran For Respondents:: Mr.V.Jayaprakash Narayanan Special Government Pleader

ORDER

This writ petition has been filed challenging the impugned order refusing his request to take part in the certificate verification.

2. Learned counsel for the petitioner submitted that the petitioner, belonging to Hindu Madiga Scheduled Caste (Arunthathiar) community vide Code No.38 of the Annexure of list of communities issued by the Government, completed his SSLC in the year 1992, H.S.C., in the year 1994 and also completed B.E. Degree (Printing Technology) with first class from Anna University during the year 1998. Thereafter, he has started his

own business of establishing a printing press in the name and style of M/s Achutha Achagam. However, due to business fluctuations and economic recession, he closed down the business. While so, the first respondent issued an Advertisement No.4/2017 dated 16.6.2017 inviting applications from the eligible candidates through online for direct recruitment of Lecturers (Engineering/Non Engineering) in Government Polytechnic colleges for the year 2017-18. Immediately he applied, as the last date for submission of the applications was fixed on 7.7.2017. Since six posts were reserved for printing technology, out of which one post was reserved for Scheduled Caste (Arunthathiar) woman candidate of Tamil medium, he has also applied.

But while submitting his application, he has mentioned his community as Scheduled Caste, without mentioning properly as Scheduled Caste (Arunthathiar). He had also taken part in the written examination and secured 90 marks and the cut-off marks for Scheduled Caste (Arunthathiar) community is 60 marks. Since he has inadvertently mentioned his community as Scheduled Caste, instead of Scheduled Caste (Arunthathiar), he has been brought under the Scheduled Caste category, for which the cut-off marks has been fixed at 96. Therefore, for the inadvertent mistake, the petitioner should not be penalised. Hence the representation given by the petitioner may be directed to be considered, he pleaded.

3. But this Court is unable to find any merit in the said contentions, for two reasons. Firstly, when six posts were reserved for printing technology, out of which one post was reserved for Scheduled Caste (Arunthathiar) woman candidate of Tamil medium, the petitioner is only a male candidate. Therefore, he is not entitled to compete for that seat. Secondly, when the petitioner applied for the post of Lecturer (printing technology) in the Government Polytechnic colleges, he did not know how to fill up his own application, as he has wrongly mentioned his community as Scheduled Caste, instead of Scheduled Caste (Arunthathiar). Hence, this Court is not inclined to entertain the writ petition. Accordingly, the writ petition is dismissed. Consequently, W.M.P.No.35902 of 2017 is also dismissed. No costs.

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

To

1. The Chairman Teachers Recruitment Board 4th Floor, E.V.K.Sampath Maligai DPI Campus, College Road Chennai 600 006

2. The Member (School Education) Teachers Recruitment Board 4th Floor, E.V.K.Sampath Maligai DPI Campus, College Road Chennai 600 006.

+1cc to Government Pleader SR.No.89681/17 +1cc to MR.A.Prabhakaran, Advocate SR.No.89184/17 SV(CO) sm:19.1.2018 W.P.No.32576 of 2017