P.Mathias, v. The Secretary,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 10.08.2016

CORAM

THE HONOURABLE MR. JUSTICE B.RAJENDRAN W.P. Nos.4961 of 2010 and 6412 of 2011 & M.P.No.2 of 2011 W.P. No.4961 of 2010 P.Mathias .. Petitioner Vs.

1.The Secretary, Tamilnadu Public Service Commission, 2.The Director of School Education, DPI Campus, College Road, 3.Gnanaprakasam 4.Usha .. Respondents [R-3 & R-4 impleaded as per order dated 30.03.2010 in M.P.No.2 of 2010 in W.P.No.4961 of 2010] PRAYER : Writ Petition has been filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, forbearing the respondents from fill up the post of District Educational Officer Vacancy in English with the candidate, Register No.00101096 or with any other candidate and thereby verify the details related to his recruitment, the details of the candidate Register No.00101035 and the validity of his selection. For Petitioner : Mr.P.Sesubalan Raja For Respondent No.1 : Ms.C.N.G.Niraimathi Standing Counsel for TNPSC For Respondent No.2 : Mr.S.Gunasekaran Additional Government Pleader W.P. No.6412 of 2011 P.Mathias .. Petitioner Vs.

1.The State of Tamil Nadu, Secretary to Government, Personnel and Administrative Reforms Department, Secretariat, Fort St.George, Chennai - 600 009.

2.The State of Tamil Nadu, Secretary to Government, School Education Department, Secretariat, Fort St.George, Chennai - 600 009.

3.The Secretary, Tamil Nadu Public Service Commission, 4.The Director of School Education, D.P.I.Compound, College Road, Chennai - 600 008.

5.Ganesamoorthy 6.A.Pugazhendi 7.R.Balamurali 8.P.Usha .. Respondents PRAYER : Writ Petition has been filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the order in G.O.[3D].No.95 of School Education [A1] Department dated 13.07.2010 by appointing the respondents 5 to 8 as District Educational Officer passed by the second respondent and quash the same as illegal, improper, unreasonable, arbitrary and against the rule of Reservation and Roster points and thereby direct the respondents 1 to 3 to appoint the petitioner as District Educational Officer.

For Petitioner : Mr.P.Sesubalan Raja For Respondent No.3 : Ms.C.N.G.Niraimathi Standing Counsel for TNPSC For Respondent Nos.1,2,4: Mr.S.Gunasekaran Additional Government Pleader

C O M M O N O R D E R Today when the matters are taken up for consideration, the learned Standing Counsel appearing for TNPSC would submit that the only point raised by the writ petitioner is that even though he got good marks he was not appointed in the category of B.C. whereas one Suresh, who belongs M.B.C. Category was appointed. She further submitted that one Gnanaprakasam was appointed in the MBC Category but his marks has been withheld for non-production of his certificate and the petitioner has got lesser marks in the person, who has been appointed and hence, he has not reached the zone of consideration.

2.Recording the submission made by the learned Standing Counsel appearing for TNPSC, these Writ Petitions are closed. Consequently, connected Miscellaneous Petition is closed. No costs.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar sri To 1.The Secretary, Tamilnadu Public Service Commission, 2.The Director of School Education, DPI Campus, College Road, 3.The Secretary to Government, State of Tamil Nadu, Personnel and Administrative Reforms Department, Secretariat, Fort St.George, Chennai - 600 009.

4.The State of Tamil Nadu, Secretary to Government, School Education Department, Secretariat, Fort St.George, Chennai - 600 009.

+1 cc to Government Pleader sr 45867/16 W.P. Nos.4961 of 2010 and 6412 of 2011 aa31/08/2016