K.Krishnamoorthy v. The Government Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.03.2025
CORAM
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE W.A.No.1067 of 2023 and C.M.P.No.10714 of 2023 K.Krishnamoorthy ... Appellant -Vs1. The Government of Tamil Nadu, Represented by its Secretary to Government, School Education Department, Secretariat, Chennai - 600 009.
2. The Director of School Education, College Road, Nungambakkam, Chennai - 600 006.
3. The Chairman, Teachers Recruitment Board, Chennai - 600 006.
... Respondents PRAYER : Appeal under Clause XV of Letters Patent, against the order dated 09.07.2020 made in W.P.No.16605 of 2013.
For Appellant :
Mr.A.R.Suresh For Respondents :
Mr.J.C.Durairaj Addl. Government Pleader for R1 & R2 Mr.R.Neelakandan Additional Advocate General Assisted by Mr.K.Sathis Kumar Standing Counsel for R3
J U D G M E N T
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(Judgment of the Court was delivered by R.SURESH KUMAR, J.) This intra Court appeal has been directed against the order dated 09.07.2020 made in W.P.No.16605 of 2013.
2. The writ petitioner is the appellant herein who was one of the candidates who responded to the advertisement issued by the respondents inviting application for recruitment to the post of Post Graduate Assistants in various subjects in the Tamil Nadu Higher Secondary Educational Service.
3. Written examination was over, thereafter the selection method is that the candidates will be selected on the basis of written test and weightage marks for the period of wait in employment exchange and teaching experience.
4. The appellant / petitioner claimed to have secured 68 marks, however he was not called for certificate verification. Subsequently, he had given a representation which was not considered, therefore, he had approached the writ Court seeking for a mandamus.
5. The writ petition filed in the year 2013 was disposed of only by the 2/7
impugned order dated 09.07.2020, where the writ Court has gone through the factual matrix and rejected the writ petition for the reason that, the entire selection process has been taken place through online and therefore, after the first round of counselling was over, the second time of counselling was taken place through online mode.
6. Despite the chance was given to every such candidates including the appellant / petitioner to respond for the certificate verification which has been taken place through online mode, the appellant / petitioner did not respond, therefore he missed the bus and the selection process was over in the year 2013 and the entire vacancies have been filled up.
7. Insofar as the reason for not responding to the online certificate verification session in the year 2013 is concerned, the learned counsel appearing for the appellant / petitioner would submit that, the petitioner is in remote village and therefore, he could not continuously follow the website of the respondent, i.e., Teachers Recruitment Board and moreover, between the main online certificate verification session and subsequent supplementary online verification session, there was a gap of one year, therefore no person can be expected to follow the website for one year period, hence the appellant / 3/7
petitioner missed the opportunity to attend the certificate verification.
8. The learned counsel would also submit that, thereafter, after coming to know that the certificate verification process went on, when he made an attempt to attend the certificate verification, it could not become feasible and therefore, he made a representation which was also not considered, therefore, he had approached the writ Court immediately in the year 2013 itself, therefore, at this length of time, it cannot be stated that, after twelve years of period, the appellant's plea cannot be considered and these aspects since have not been considered by the writ Court in proper perspective, the order impugned is required to be interfered with, he contended.
9. We have heard Mr.J.C.Durairaj, learned Additional Government Pleader appearing for the respondents 1 & 2 and Mr.R.Neelakandan, learned Additional Advocate General assisted by Mr.K.Sathis Kumar, learned Standing Counsel appearing for the third respondent also.
10. We have gone through the order passed by the writ Court which is impugned herein, where the learned Judge after having perused the materials placed before it has found that, the entire selection process went on through 4/7
online mode, when that being so, like all other candidates, the appellant / petitioner also should have attended the certificate verification through online. Missing to attend the certificate verification is the fault on the part of the appellant / petitioner, for which no blame can be made against the respondents.
11. Moreover, the entire selection process was over in the year 2013 and after twelve years, the question of reconsideration or interference on the selection process that was taken place in the year 2013 may not be justifiable, therefore, we do not feel that there is any error in the order passed by the writ Court, and hence, the order impugned is to be sustained, accordingly, it is sustained.
12. Resultantly, this Writ Appeal fails and hence, it is dismissed. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is closed.
(R.S.K., J.) (A.D.M.C., J.) 19.03.2025 NCC : Yes / No Index : Yes / No Speaking Order : Yes / No vji To 5/7
1. The Secretary to Government, The Government of Tamil Nadu, School Education Department, Secretariat, Chennai - 600 009.
2. The Director of School Education, College Road, Nungambakkam, Chennai - 600 006.
3. The Chairman, Teachers Recruitment Board, Chennai - 600 006.
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R.SURESH KUMAR, J.
and A.D.MARIA CLETE, J.
vji and C.M.P.No.10714 of 2023 19.03.2025 7/7