K.Vijaya, v. Teachers Recruitment Board,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.02.2017 CORAM :

THE HONOURABLE MR. JUSTICE D. KRISHNAKUMAR W.P. No. 31795 of 2013 and M.P. No.1 of 2013 K.Vijaya .. Petitioner Vs.

1. Teachers Recruitment Board Rep. By its Director 4th Floor, EVK Sampath Maligai College Road Chennai - 600 006.

2. The District Educational Officer Villupuram District Collectorate Master Plan Complex Villupuram - 605 602.

.. Respondents PRAYER:

Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to declare the petitioner's result as pass in the Tamil Nadu Teachers Eligibility Test Paper-1, Result -2013 and pass such further orders. For Petitioner : Mrs. D. Saraswathi For Respondents : Mr. S. Navaneethan Addl.Government Pleader

O R D E R

The petitioner has filed the present writ petition, seeking to direct the respondents to declare his result as pass

in the Tamil Nadu Teachers Eligibility Test Paper-1, conducted during the year 2013.

2. Learned counsel for the petitioner submitted that the petitioner belongs to the scheduled caste community and completed her Diploma in Teacher Education (D.T.Ed.) in the year 2009 and was working in a private school at Villupuram. Based on the notification issued by the 1st respondent on 22.05.2013, the petitioner applied and attended the TNET Exam, 2013, which was held on 17.08.2013. Learned counsel further submitted that when she went to the respective seat allotted to her in Government Boys Higher Secondary School, Devapandalam, Villupuram District, to write the examination, due to some confusion, she was permitted to write the examination only at 11.00 a.m, for two hours duration, instead of three hours. As she could not attend all the questions and requested the examiners to granted further one more hour, but her request was not considered.

Therefore, on 21.08.2013 she sent a representation to the 1st respondent, informing about the happenings in the Examination Centre.

Whileso, the 1st respondent published the results and the petitioner has scored only 73 marks, instead of 90 marks. It is the plea of the petitioner that if she was permitted to write the examination for 3 hours, she would have certainly secured the shortage mark of 17, to pass the examination. Since there is no response by the respondents on her representation dated 21.08.2013, she has filed the present writ petition.

3. Learned Additional Government Pleader submitted that the prayer of the petitioner is against the results published in the year 2013 and that the petitioner has not impleaded the concerned parties, in this writ petition. Hence, the writ petition is liable to be dismissed.

4. Heard learned counsel for the petitioner and learned Additional Government Pleader and perused the material on record.

5. It is found that the results have been published during the year 2013 itself. Hence, the prayer of the petitioner seeking for a direction to declare the petitioner as pass in the TNTET examination, cannot be considered at this stage. Further, as rightly pointed out by learned Additional Government Pleader, the petitioner has not impleaded the persons, against whom the allegations are made. Therefore, the

prayer sought for, in the present writ petition cannot be entertained.

6. In view of the above, the Writ Petition fails and the same is dismissed. Consequently, the connected M.P is closed. No costs.

Sd/ Assistant Registrar /True copy/ Sub Assistant Registrar To

1. The Director Teachers Recruitment Board 4th Floor, EVK Sampath Maligai College Road Chennai - 600 006.

2. The District Educational Officer Villupuram District Collectorate Master Plan Complex Villupuram - 605 602.

+1cc to Mr.K.Sasindran, Advocate SR.No.9994 +1cc to Government Pleader SR.No.10201 W.P. No. 31795 of 2013 and M.P. No.1 of 2013 SDR 18.04.2017