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Madras High CourtWP/776/2013disposed of

D.Bhuvana v. The Chairman

2017-02-01Honourable Mr Justice D. Krishnakumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 01.02.2017

CORAM

THE HONOURABLE MR. JUSTICE D.KRISHNAKUMAR W.P. No.776 OF 2013 & M.P.Nos.1 & 2 of 2013 D.Bhuvana .. Petitioner Vs 1.The Chairman, Teachers Recruitment Board, IV Floor, E.V.K.Sampath Maligai, DPI Compound, College Road, Chennai-600 006.

2.The Chief Educational Officer, Tiruppur.

.. Respondents PRAYER:

This petition is filed under Article 226 of the Constitution of India to issue a writ of Mandamus directing the respondents to consider the petitioner's representation dated 03.01.2013 and consequently, direct the respondents to appoint the petitioner as Post Graduate Assistant (English) in Tiruppur District.

For Petitioner : Mr.N.Subramani For Respondents : Mrs.P.Rajalakshmi, Government Advocate

O R D E R

The writ petition has been filed seeking for issuance of writ of Mandamus directing directing the respondents to consider the petitioner's representation dated 03.01.2013 and consequently, direct the respondents to appoint the petitioner as Post Graduate Assistant (English) in Tiruppur District. 2.Learned counsel for the petitioner would submit that the petitioner has completed B.A.(English) during the year 2009 and she had completed B.Ed., Course during 2010 and M.A.(English) during the year 2011. The petitioner has applied for the post of Post Graduate Assistant (English) in pursuance to Advertisement No.3 of 2012 dated 28.02.2012 and appeared for the examination for the said post. In the written examination, the petitioner had obtained 105 marks out of 150 marks and thereafter, she was

called for certificate verification on 04.08.2012 at St. Joseph Matric Higher Secondary School, Gangeyam Road, Tiruppur-4. The petitioner appeared before the second respondent on 04.08.2012 along with the required certificates and the certificates were verified. Thereafter, the second respondent posted the result of selection in the web site, wherein it was stated that the petitioner was selected. Thereafter, the respondents issued an appointment order on 12.12.2012 and subsequently, the Chief Educational Officer sent a letter dated 28.12.2012, directing the petitioner to appear for counselling on 31.12.2012 at 8.30 a.m. In pursuance of the letter dated 28.12.2012, the petitioner appeared for counselling on 31.12.2012 and thereafter, the second respondent directed the petitioner to approach the first respondent for certain clarification.

The petitioner then approached the first respondent on 03.01.2013 to get the appointment order. But the first respondent refused to meet the petitioner for the reasons best known to him. Therefore, the petitioner made a representation dated 03.01.2013 to the first respondent seeking appointment for the post of Post Graduate Assistant (English). Till date, the respondent has not considered.

3.The learned Government Advocate for the respondents would submit that during the process of certificate verification, the respondent found that the petitioner was treated as ineligible on the ground that she has undergone both the courses viz. M.A. (English) and B.Ed., simultaneously. Therefore, she was not selected.

4.Learned counsel for the petitioner would submit that the petitioner can satisfy the Board that she has not undergone two degrees simultaneously. Therefore, he prayed that one more opportunity may be given to the petitioner to produce necessary documents before the Board.

5.Heard the learned cousnel for the petitioner as well as the leanred Government Advocate for the respondents. 6.Considering the facts and circumstances of the case, this Court direct the first respondent to consider the petitioner's representation dated 03.01.2013 with regard to verification of certificates, thereby providing another opportunity to satisfy the Board that the petitioner has not undergone two degrees simultaneously. The first respondent/Board is further directed to inform the petitioner through call letter and verify the documents and thereafter, pass appropriate orders in accordance with law. The entire exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order.

7.With the above direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar kal To 1.The Chairman, Teachers Recruitment Board, IV Floor, E.V.K.Sampath Maligai, DPI Compound, College Road, Chennai-600 006.

2.The Chief Educational Officer, Tiruppur.

+1cc to Mr.N. Subramani, Advocate, S.R.No.6396 +1cc to the Government Pleader, S.R.No.6995 sr(CO) md(2/03/2017) W.P. No.776 OF 2013 & M.P.Nos.1 & 2 of 2013