P.Vetrivel v. The State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.04.2024

CORAM

THE HON'BLE MR. JUSTICE D. BHARATHA CHAKRAVARTHY W.P. No.8766 of 2024 & W.M.P. No. 9772 of 2024 P. Vetrivel ..Petitioner Vs.

1.

The State of Tamilnadu, rep. by its Principal Secretary to Government, Higher Education Department, Fort St. George, Chennai - 600 009.

Teachers Recruitment Board, 4th Floor, DPI Campus, College Road, Chennai - 600 006.

..Respondents Prayer:

Petition under Article 226 of the Constitution of India praying for issue of a Writ of Mandamus directing the respondents to consider the 1\6

petitioner's application for the post of Assistant Professor pursuant to the recruitment notification No. 02/2024 dated 14.03.2024 issued by the 2nd respondent.

For Petitioner ::

Ms.N. Kavitha Rameshwar For Respondents ::

Mr.R. Kumaravel, Addl. Govt. Pleader

O R D E R

This writ petition is filed with a prayer to direct to the respondents to consider the petitioner's application for the post of Assistant Professor pursuant to the recruitment notification No. 02/2024 dated 14.03.2024 issued by the 2nd respondent.

The case of the petitioner is that he is currently pursuing final year in M.A. Degree (Tamil). As persons, who are pursuing Post Graduate Degree are permitted to take up the National Eligibility Test for Lecturership, the petitioner also sat for the said examination and successfully cleared the same. The moment, the petitioner completes his 2\6

Post Graduation, he would be eligible for appointment to the post of Assistant Professor. While so, vide notification No.02/2024 dated 14.03.2024 issued by the 2nd respondent for recruitment to the post of Assistant Professor, the last date for submission of applications is 29.04.2024 and it is stipulated that the candidates should possess necessary educational qualification as on the date of the notification i.e, 14.03.2024. As the petitioner would be missing the bus by a whisker, thereby causing grave prejudice to the petitioner and the petitioner would have to wait longer for the next notification to be issued by the Government, the petitioner made a representation dated 18.03.2024 to the respondents to consider his plight and to extend the date, if possible or consider the petitioner as a special case.

3.

Ms. N. Kavitha Rameshwar, learned counsel for the petitioner, apart from reiterating the contentions in the affidavit, would also submit that the petitioner is a meritorious candidate and he is one among the three persons, who had cleared NET examination, even before completing Post 3\6

Graduation. Therefore, she would submit that this Court may show indulgence in the present case and direct the respondents to consider the representation of the petitioner.

4.

I have carefully considered the petitioner's case, as projected in the affidavit and the submissions made by the learned counsel on either side.

5.

Any notification for direct recruitment has to contain the last date for submission of applications and also the date on which the candidates should possess the requisite qualification. Fixing of such date is bound to cause hardship to the candidates, who will be possessing the said qualification shortly thereafter. There will also be candidates, who will be missing out on account of age, etc. because the notification being a few days later, such heartburns are bound to occur, but the same cannot be taken as legal grounds to interfere with the notification and the recruitment process. 4\6

6.

In that view of the matter, this Court is not inclined to grant any relief to the petitioner. The writ petition stands dismissed. No costs. Connected W.M.P. is closed.

02.04.2024 nv To 1.

The Principal Secretary to Government, Higher Education Department, Fort St. George, Chennai - 600 009.

Teachers Recruitment Board, 4th Floor, DPI Campus, College Road, Chennai - 600 006.

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D.BHARATHA CHAKRAVARTHY,J.

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