M.Balaji v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.04.2022 CORAM :
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.NO.9452 OF 2022 AND WMP NO.9198 OF 2022 M.Balaji
...Petitioner
Vs.
1.The Commissioner, Director of School Education, DPI Campus, Chennai 600 006.
2.Teachers Recruitment Board, Rep. by its Member Secretary, DPI Campus, Chennai 600 006.
...Respondents
Prayer : Writ petition filed under Article 226 of the Constitution of India seeking to issue a Writ of Mandamus, directing the respondents to consider the petitioner as a person, who studied in Tamil Medium and accordingly direct the respondents to select and appoint the petitioner to the post of drawing teacher on the date when identically situated individuals are appointed with all service and monetary benefits. For Petitioner :
Ms.Dakshayani Reddy For Respondents :
Mr.V.Manoharan, Addl.Govt. Pleader for R1 Mr.R.Neelakandan, Additional Advocate General Assisted by Mr.C.Kathiraven, Standing Counsel for R2.
ORDER
By consent of both the counsels, this writ petition has been taken up for final disposal at the admission stage itself.
2. This writ petition has been filed seeking to issue a Writ of Mandamus, directing the respondents to consider the petitioner as a person, who studied in Tamil Medium and accordingly direct the respondents to select and appoint the petitioner to the post of drawing teacher on the date when
identically situated individuals are appointed with all service and monetary benefits.
3. The case of the petitioner in brief:
The second respondent Board had issued notification No. 5/2017 dated 26.07.2017, calling for applications for appointment to the post of Special Teachers. The petitioner had obtained 48 marks in the Examination of Special Teachers and he applied under PSTM Category for Drawing Teacher. The Respondent Board had published the list of candidates, called for certificate verification dated 07.04.2022, wherein, the names of the persons, who have obtained lesser marks than the petitioner i.e. who have obtained 46 marks have been included, but the petitioner's name was not found place. Hence, the petitioner gave his representation dated 08.04.2022 to include his name in the list of candidates, called for certificate verification. However, there is no response. Hence this writ petition.
4. The learned counsel appearing for the petitioner submitted that certificate verification will commence from 19.04.2022 and hence, the respondents may be directed to pass appropriate orders on the representation made by the petitioner.
5. The learned Additional Advocate General appearing for the respondent Board submitted that, if the petitioner has applied under PSTM category and if he is eligible, his representation will be considered by the respondent Board and appropriate decision will be taken in accordance with law and on its own merits.
6. In the light of the above submissions and also considering the facts and circumstances of the case, this court is inclined to pass the following order.
i) The respondent Board is directed to verify whether the application of the petitioner has been filed under PSTM Category. ii) If the respondent Board found that the application is filed under PSTM Category and if the petitioner is eligible, pass appropriate orders on the representation of the petitioner dated 08.04.022 in accordance with law on or before 18.04.2022
7. With the above directions, this writ petition is disposed of. No costs. Consequently, connected writ miscellaneous petition is closed.
Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar mst
To 1.The Commissioner, Director of School Education, DPI Campus, Chennai 600 006.
2.The Member Secretary, Teachers Recruitment Board, DPI Campus, Chennai 600 006.
+1cc to M/s.Dakshayani Reddy, Advocate Sr.No.25654 +1cc to Government Pleader, Sr.No.26372(06/06/2022) W.P.No.9452 of 2022 RVM(13/04/2022)