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Madras High CourtWP/13161/2021disposed of

B.Jaiwanth v. The Teachers Recruitment Board

2022-04-27Honourable Mr Justice D. Krishnakumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.04.2022

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.No.13161 of 2021 B.Jaiwanth ... Petitioner Vs.

The Teachers Recruitment Board, represented by its Chairman, 4th Floor, EVK Sampath Maaligai, DPI Campus, College Road, Chennai - 600 006.

... Respondent PRAYER: This Writ Petition has been filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus to direct the respondent apply the ratio of the Supreme Court Decision in Dolly Chhanda Vs. Chairman Jee reported in (2005) 9 SCC 779 and issue appointment order to the petitioner as PG Assistant in Botany under Persons Studied in Tamil Medium (PSTM) category reserved for Scheduled Caste Women Pursuant to Notification No.10/2019, dated 12.06.2019 since the petitioner has enclosed all the relevant certificates at the time of Certificate Verification by the respondent including the certificate of having passed M.Sc degree in Botany before 15.07.2019 within a time frame to be fixed by this Court. For Petitioner: M/s.Nalinichidambaram Senior Counsel for Mrs.C.Uma For Respondent: Mr.C.Kathiravan, Special Government Pleader Standing Counsel

O R D E R

The relief sought for in the writ petition is Mandamus to direct the respondent to apply the ratio of the Supreme Court Decision in Dolly Chhanda Vs.Chairman Jee reported in (2005) 9 SCC 779 and issue appointed order to the petitioner as PG Assistant in Botany under Persons Studied in Tamil Medium (PSTM) category reserved for Scheduled Caste Women Pursuant to Notification No.10/2019, dated 12.06.2019 since the petitioner has enclosed all the relevant certificates at the time of

Certificate Verification by the respondent including the certificate of having passed M.Sc degree in Botany before 15.07.2019 within a time frame to be fixed by this Court. 2.Brief facts of the case:

The respondent has arbitrarily included the name of the petitioner in Serial No.4 of the ineligible list dated 20.11.2019 for the post of PG Assistant 2018-19 in Botany on the ground that she did not obtain the qualifying degree certificate prior to the last date for submission of application through online pursuant to Notification No.10/2019, dated 12.06.2019, issued by the respondent. Hence, the petitioner has preferred W.P.(MD).No.621 of 2020, challenging the ineligible list dated 20.11.2019, and by relying upon the judgment of the Hon'ble Supreme Court reported in 2005 (9) SCC 779 - Dolly Chhanda Vs. Chairman Jee on 10.02.2020, this Court has allowed the petition and relevant portion is read as follows:

"3.The above order is self-explanatory.

As such, the petitioner's inclusion in the ineligible list on the ground that she did not obtain the qualifying educational certificate, prior to the last date for submission of filled in online application, cannot be sustained. Consequently, the impugned order passed by the fist respondent dated 20.11.2019, stands quashed, insofar as the petitioner herein is concerned. Consequently, there shall be a direction to the first respondent herein to permit the petitioner herein to participate in the further selection process for the appointment to the post of PG Assistant (Botany) by considering that the petitioner has educationally qualified herself to the post of PG Assistant (Botany). The first respondent shall also upload and update the petitioner's candidature in their records to this effect."

Aggrieved over the same, the respondent has filed W.A.(MD). No.1058 of 2020 and by order dated 23.12.2020 the Hon'ble Division Bench of this Court has dismissed the appeal and confirmed the order passed in W.P(MD).No.621 of 2020. However, the respondent has not complied with the orders of this Court i.e., the respondent has not issued the appointment order to the petitioner for the post of PG Assistant in Botany under the quota reserved for PSTM candidates. Hence, the writ petition. 3.The learned counsel for the petitioner would reiterate the above said facts and submit that as per the judgment of the Hon'ble Supreme Court reported in 2005 (9) SCC 779 - Dolly Chhanda Vs. Chairman Jee on 10.02.2020, the petitioner is

eligible for the post of PG Assistant in Botany under the quota reserved for PSTM candidates, however, the respondent has not consider the name of the petitioner in the eligible candidates list.

4.The learned Standing Counsel appearing for the respondent would submit that pursuant to the order passed by the Hon'ble Supreme Court as cited supra, the name of the petitioner has been included in the revised selection list and hence, he seeks four weeks time to forward the same to the users department.

5.Heard the learned counsel on either side and perused the materials placed on record.

6.Recording the submissions made by the learned Standing Counsel appearing for the respondent, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS-II) //True copy// Sub Assistant Registrar Dua To The Chairman, Teachers Recruitment Board, 4th Floor, EVK Sampath Maaligai, DPI Campus, College Road, Chennai - 600 006.

+1cc to Mrs.C.Uma, Advocate SR.No.28948 W.P.No.13161 of 2021 BR(CO) GMY(31/05/2022)