The Teachers Recruitment Board v. Anbarasi. G

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.03.2025

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN and C.M.P.No. 7006 of 2025 The Teachers Recruitment Board rep. By its Member Secretary, 4th Floor, EVK Sampath Maaligai, DPI Campus, College Road, Chennai - 600 006.

... Appellant Vs.

1.Anbarasi. G

2. State of Tamilnadu rep. By its Secretary, Law Department, Fort St. George, Chennai - 600 009

3. Director of Legal Studies, Purasawalkam High Road, Kilpauk, Chennai - 600 010

4. The Tamilnadu Dr.Ambedkar Law Univesity, rep. By its Registrar, Poompozhil No.5, Dr.DGS Dinakaran Salai, R.A.Puram, Chennai - 600 028

...Respondents

Prayer: Writ Appeal filed under Clause 15 of the Letters Patent, against the order dated 29.11.2023 made in W.P.No.26895 of 2023. 1/5

For Appellants : Mr.R.Neeakandan Additional Advocate General assisted by Mr.C.Kathiravan, Standing Counsel For Respondents : Mr.D.Ravichander Special Govt. Pleader for R2 & R3 Mr.V.Vijay Shankar for R1 Mr.Arun Kumar Rajan Standing Counsel for R4

J U D G M E N T

(Judgment of the Court was made by R.SUBRAMANIAN, J.) The respondent challenged her non-appointment and sought for a mandamus to direct the respondents to appoint her as Assistant Professor in Criminology against the two unfilled vacancies, pursuant to the notification dated 18.07.2018.

2.The fact that the respondent has secured the next highest mark in the recruitment process and she belonged to Backward Class community is admitted. The fact that there was one vacancy under the roaster reserved for Backward Class community is also admitted. However, in view of the pendency of certain writ petitions filed by the other candidates, who belonged to the Backward Class community, the petitioner was not 2/5

appointed. Those writ petitions have not been disposed of and as of today. The petitioner is the candidate who has secured the highest marks. Therefore, the learned single Judge has directed the petitioner to be appointed in the vacancy that was available on the date of the order. The other candidates, who were filed writ petitions namely, Tmt.V.Sivasankari and Mr.N.Sudalaimuthu have scored lesser marks than the respondent.

3. Finding that the respondent has secured highest marks and the respondent was eligible to be appointed, the learned single Judge has directed the respondent to be appointed. We therefore, see no merit in the appeal. This Writ Appeal therefore, fails and it is accordingly, dismissed. No costs. Consequently, connected miscellaneous petition is closed. The appellant / Board will issue appointment order within a period of eight weeks from the date of receipt of a copy of this order. (R.S.M., J.) (G.A.M., J.) 20.03.2025 kkn Index: No Speaking order 3/5

To:

1. The Teachers Recruitment Board rep. By its Member Secretary, 4th Floor, EVK Sampath Maaligai, DPI Campus, College Road, Chennai - 600 006

2. The Secretary, State of Tamil Nadu, Law Department, Fort St. George, Chennai - 600 009

3. Director of Legal Studies, Purasawalkam High Road, Kilpauk, Chennai - 600 010

4. The Tamilnadu Dr.Ambedkar Law Univesity, rep. By its Registrar, Poompozhil No.5, Dr.DGS Dinakaran Salai, R.A.Puram, Chennai - 600 028 4/5

R.SUBRAMANIAN, J.

and G. ARUL MURUGAN, J.

KKN and C.M.P.No. 7006 of 2025 20.03.2025 5/5