K.Ramesh v. State Of Tamilnadu Rep. By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.06.2015
CORAM:
THE HON'BLE MR. JUSTICE D. HARIPARANTHAMAN W.P.Nos.18124 to 18133 of 2015 and M.P.Nos.1 to 1 of 2015 K.Ramesh ... Petitioner in W.P.No.18124 of 2015 R.Murugesan ... Petitioner in W.P.No.18125 of 2015 S.Pandi ... Petitioner in W.P.No.18126 of 2015 P.Chithra ... Petitioner in W.P.No.18127 of 2015 G.Vinayagamoorthi ... Petitioner in W.P.No.18128 of 2015 N.Ravindran ... Petitioner in W.P.No.18129 of 2015 N.Prakash ... Petitioner in W.P.No.18130 of 2015 S.Prakash ... Petitioner in W.P.No.18131 of 2015 R.P.T.Wiselet Bobbi ... Petitioner in W.P.No.18132 of 2015 G.Bharathithasan ... Petitioner in W.P.No.18133 of 2015 vs.
1. State of Tamil Nadu, Rep. By its Principal Secretary, School Education Department, Fort St. George, Chennai - 600 009.
2. The Director of School Education, DPI Campus, College Road, Chennai - 600 006.
3. The Teachers Recruitment Board, Rep. By its Chairman, DPI Campus, College Road, Chennai - 600 006.
... Respondents in all WPs Common Prayer in all W.Ps:
Writ petition filed under Article 226 of the Constitution of India seeking Writ of Mandamus directing the 1st respondent herein to consider the representations of the petitioners dated 16.02.2015 and award one grace mark to the petitioners in the examination held for
the purposes of regularising the petitioners to the post of Computer Instructor and declare them as passed and accordingly regularize the services of the petitioners in the post of Computer Instructor within a time frame to be fixed by this Court.
For petitioners :
M/s.Dakshayani Reddy (In all W.Ps.) For Respondents :
Mrs.M.E.Raniselvam (In all W.Ps.) Additional Government Pleader.
COMMON ORDER By consent, these Writ Petitions are taken up for final disposal.
2. The selection to the post of Computer Instructors was based on the written examination. The written examination consisted of 150 questions and each question carries one mark. It is stated that the Division Bench of this Court deleted 20 questions and the evaluation took place for 130 marks only. The persons, who secured 65/130 marks (i.e.50%) were declared as successful and they were selected. The petitioners herein secured 64 marks. Hence, they have filed these writ petitions seeking to award one grace mark.
3. The issue relating to the Computer Instructors was taken up to the Apex Court. The issue is settled that only persons who secured 50% and above alone shall be selected.
4. The learned counsel for the petitioner has strenuously contended that 20 persons, who secured less than 65 marks, were included in the selection list.
5. Heard the submissions of the learned counsel for the petitioner and the learned Additional Government Pleader.
6. It is made clear that no selection to the post of Computer Instructors shall be made contrary to the decision of the Division Bench of this Court and the Apex Court in Computer Instructors batch cases. It is a different matter, if the prayer is to exclude those persons, who got less than 65 marks, but found place in the selection list. But the prayer is to perpetuate the illegality. If persons with less than 50% marks were selected, this Court would declare that such selection is bad, illegal and contrary to the decision of the Division Bench of this Court and the Apex Court.
7. Hence, I find no merit in these Writ petitions. Therefore, these writ petitions fail and the same are dismissed. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar vsm To
1. The Principal Secretary, Government of Tamil Nadu, School Education Department, Fort St. George, Chennai - 600 009.
2. The Director of School Education, DPI Campus, College Road, Chennai - 600 006.
3. The Chairman, Teachers Recruitment Board, DPI Campus, College Road, Chennai - 600 006.
+1cc to M/s.Dakshayani Reddy, Advocate, S.R.No.31525 +1cc to the Government Pleader, S.R.No.31314 W.P.Nos.18124 to 18133 of 2015 CNR(CO) CA(10/07/2015)