K.Thiripuraselvi, v. The Chairman,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:21.07.2015 Coram The Hon'ble Mr. Justice T.S. SIVAGNANAM W.P. No.27396 of 2014 K.Thiripuraselvi .. Petitioner Vs

1. The Chairman, State Recruitment Bureau for Co-operatives, 2 .The Controller of Examination, State Recruitment Bureau of Co-operatives, .. Respondents Prayer:-Petition filed under Article 226 of the Constitution of India praying to issue Writ of Mandamus, to direct the respondents to call the petitioner for interview and consider her for appointment for the post of Assistant and pass such further or other orders. For Petitioner .. Mr.A.Sundaravadhanan For Respondents .. Mrs.T.P.Savitha G.A., for RR1&2

O R D E R

Heard the learned counsels appearing on either side and perused the materials placed on record. By consent of the learned counsels on either side, the writ petition is taken up for final disposal.

2. This Writ Petition has been filed for issuance of a Writ of Mandamus, to direct the respondents to call the petitioner for interview and consider her for appointment to the post of Assistant.

3. The petitioner, a backward class candidate, after completing her B.Com degree course from Annamalai University under Distance Education programme, secured a Diploma in Co-operation and also completed a certificate course in "Jewel Appraisal and its techniques" in the year 2009. The petitioner applied for being appointed in a co-operative society as Jewel Appraiser. The petitioner participated in the selection conducted by the respondents for the post of Assistant. While filling up the application form, the petitioner indicated the medium of instruction in her under graduation as 'English'. The petitioner was assessed under the category BC(W). The petitioner did not indicate that the medium of instruction in the degree course was 'Tamil', if she had indicated, she would have been categorised as BC(W)(T).

As a consequence of which, the petitioner was not called for interview. The cut off mark for BC(W) is 54 and cut off mark for BC(W)(T) is 48 and the petitioner secured 51 marks. The petitioner would state that she is entitled to be considered for selection, since the medium of instruction was wrongly mentioned and the respondent should take note of the same and appoint her.

4. In my view such plea is far-fetched, firstly for the reason that the entire selection process is over and the respondents have stated that all the selected candidates are undergoing training. Further, the petitioner having not specified that she has undergone graduate education in Tamil medium, the selection process cannot be faulted. Hence, the relief sought for in the Writ Petition cannot be granted and the Writ Petition is dismissed.

5. The learned counsel appearing for the petitioner submitted that in respect of certain cases, Special Leave Petitions have been filed before the Hon'ble Supreme Court against the order passed by the Division Bench, concerning the very same selection and if there is any direction, which may be passed by the Hon'ble Supreme Court, liberty may be granted to the petitioner to approach the respondent by way of representation. This submission is taken on record and it is left open to the petitioner to work out her remedies in the event of such an eventuality. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Asst.Registrar (CS V ) /true copy/ Sub Asst. RegistrarTo

1. The Chairman, State Recruitment Bureau for Co-operatives,

2. The Controller of Examination, State Recruitment Bureau of Co-operatives, +1cc to Government Pleader sr.37437.

W.P. No.27396 of 2014 vsn[co] srg 07.08.2015