C.Senthilkumar v. The Chairman
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.06.2024
CORAM
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY C.Senthilkumar ... Petitioner Vs.
The Chairman, Teachers Recruitment Board, College Road, Chennai - 600 006.
... Respondent Prayer: Writ Petition filed under Article 226 of Constitution of India, for issuance of a Writ of Mandamus directing the respondent to issue appointment order to the petitioner for the post of Lecturer in Government Polytechnic Colleges (Chemistry subject) and Special Institutions (Engineering/Non Engineering) under ST category based upon on the order passed by the State Level Scrutiny Committee in Proceedings No.4354654/CV-3(2)/2023, dated 19.03.2024.
For Petitioner : Mr.V.Elangovan For Respondent : Mr.R.Siddharth Government Advocate Page No. 1 of 5
ORDER
The petitioner belongs to the Scheduled Tribe Community - Kurichchan. While so, he participated in the selection list for the post of Lecturer in Polytechnic Colleges and he came within the zone of consideration and accordingly he was selected. However, since there were simultaneous proceedings, with regard to issuance of Community certificate, the selection was not notified by the respondent and the appointment order was not issued and the matter is kept pending.
2. However, from the records filed along with the writ petition, it can be seen that subsequently, the State Level Scrutiny Committee had verified the community certificates of the petitioner's paternal uncle as well as the petitioner are found them to be in order. The petitioner has been duly issued with a Scheduled Tribe Community certificate by the concerned RDO. Therefore, as on date, there is no cloud whatsoever with reference to the communal status of the petitioner.
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3. In that view of the matter, when the matter is pending only for the consequential consideration by the respondent, the matter cannot be kept pending for any further administrative delay.
4. Mr.R.Siddharth, learned Government Advocate takes notice for the respondent.
5. This writ petition is disposed of at the admission stage itself with the following directions:- (i) The petitioner already made a representation on 31.05.2024 to the respondent and the same shall be considered by giving a personal hearing to the petitioner.
(ii) The petitioner shall appear before the respondent on 25.06.2024 and also produce the original online community certificate before the respondent.
(iii) Upon satisfying themselves about the certificate as well as the State Level Scrutiny Committee report, the respondent shall immediately consider the case of the petitioner and pass appropriate orders notifying the Page No. 3 of 5
selection of the petitioner and the concerned department shall also issue an order of appointment to the petitioner, if the petitioner is found to be eligible. The said exercise shall be completed on or before 10.07.2024. (iv) No costs.
19.06.2024 jas Note: Issue Order Copy on 21.06.2024 To The Chairman, Teachers Recruitment Board, College Road, Chennai - 600 006.
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D.BHARATHA CHAKRAVARTHY, J.
jas 19.06.2024 Page No. 5 of 5