D.Rajeshwai v. The Chairman

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.03.2021

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.No.7230 of 2015 & M.P.No.1 of 2015 D.Rajeshwari ... Petitioner Vs.

1. The Chairman, Teacher's Recruitment Board, Chennai - 600 006.

2. The Director of Employment and Training, Chennai - 600 032.

3. The District Employment Officer, Uthagamandalam, Nilgiris District. ... Respondents Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to include the name of the petitioner in the list of candidates being considered for the post of Computer Instructor as per G.O.Ms.No.130 dated 05.09.2014 School Education, High Secondary Department in the category of candidates belonging to inter caste marriage.

For Petitioner : Mr.V.Chinnasamy For Respondents: Mr.C.Munusamy, Special Government Pleader - R1 Mr.A.Rajaperumal, Additional Government Pleader - R2 & 3

ORDER

The relief sought in this writ petition is to include the name of the petitioner in the list of candidates to be considered for the post of Computer Instructor as per G.O.Ms.No.130 dated 05.09.2014 School Education, High Secondary Department in the category of candidates belonging to inter caste marriage.

2.According to the petitioner, she obtained the degree of B.Sc., and B.Ed in Computer Science and registered her name with the third respondent on 28.09.2010. She married to a person belonging to another community and so, she is entitled for the special privilege in the category of inter caste marriage. She further stated that in August 2012, she failed to renew her employment registration, however, she renewed the same, by availing the special opportunity provided by the Government in 2014. While so, the Government issued G.O.Ms.No.130, School Education Department dated 05.09.2014, thereby preparing a list of eligible candidates to be considered for appointment to the post of Computer instructors, based on the seniority in the employment exchange during the year 2012.

Since the name of the petitioner was not included in the said list, she has come up with this writ petition for the aforesaid relief. 3.Upon notice, the third respondent filed a counter affidavit inter alia stating that at the time of preparation of suitable candidates list to the post of Computer Instructors, the petitioner's employment registration was lapsed and hence, her name was not sent to the employer for getting appointment to the post in question.

4.Today, when the matter was taken up for consideration, the learned Additional Government Pleader appearing for the respondents 2 and 3 submitted that as and when the notification is issued, it is for the petitioner to apply to the same; and on such application, the claim of the petitioner would be considered by the respondent authorities, on merits and as per the prevailing rules, which has also been agreed upon by the learned counsel for the petitioner.

5.Recording the submissions so made by the learned counsel on either side, this writ petition stands closed, as no further order needs to be passed herein. No costs. Consequently, connected miscellaneous petition is also closed. -s/d- Assistant Registrar(CS-IV) True Copy Sub-Assistant Registrar vrc To

1. The Chairman, Teacher's Recruitment Board, Chennai - 600 006.

2. The Director of Employment and Training, Chennai - 600 032.

3. The District Employment Officer, Uthagamandalam, Nilgiris District.

+1 CC to The Governement Pleader, Sr 15559.

W.P.No.7230 of 2015 PMK(CO) LS(19/07/2021)