K.Bathmaraj v. The Chairman

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.01.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.18219 of 2022 and WMP.No.17557 of 2022 K.Bathmaraj ... Petitioner Vs.

1.The Chairman Teachers Recruitment Board, 4th Floor, EVK Sampath Maaligai, DPI Compound, College Road, Chennai 600 006 2.The Secretary, Tamilnadu Public Service Commission, TNPSC Road, Broadway, Chennai 600 003 ... Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India praying to issue Writ of Certiorarified Mandamus calling for the records relating to the impugned order passed by the first respondent in Na.Ka.No.6840/R4/2019 dated 29.10.2020 and to quash the same and further direct the respondents 1 & 2 to permit the petitioner to participate in the other selection process.

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For Petitioner : Mr.S.Sivakumar For Respondents For R1 : Mr.R.Neelakandan, Additional Advocate General Assisted by Mr.C.Kathiravan For R2 : Mr.R.Bharanidharan, Standing Counsel

O R D E R

This writ petition has been filed challenging the order passed by the first respondent dated 29.10.2020 thereby debarred the petitioner from appearing Teacher Recruitment Tests during his entire life time.

2.

The petitioner is a graduate in Engineering (Mechanical). On the basis of the notification issued by the first respondent dated 16.06.2017 for the post of Lecturer in the Government Polytechnic College for the year 2017-2018, he applied for and participated in the selection process. The said notification was issued for the vacancy of 1050 posts of Mechanical Engineer. Once again, the first respondent 2/6

issued revised notification dated 28.07.2017 for the post of Lecturer (Mechanical). The petitioner had also applied for and attended written examination held on 16.09.2017. The results were published on 07.11.2017. Subsequently it was found that there was an action of malpractice in awarding marks while feeding in the computer. Accordingly, a criminal complaint was lodged by the first respondent before the Central Crime Branch and registered a criminal case. Therefore, the notification dated 28.07.2017 was cancelled. Thereafter, the petitioner was debarred from attending examinations conducted by the Teachers Recruitment Board for life time. 3.

It is seen that now the criminal case is pending in respect of the action of malpractice of the candidates. Therefore, this Court finds no infirmity or illegality in the order passed by the first respondent. As such, this writ petition is devoid of merits and liable to be dismissed. 4.

Accordingly, this writ petition is dismissed. However, the petitioner is at liberty to approach the first respondent subject to the 3/6

result of the criminal case. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs. 11.01.2024 Internet: Yes Index: Yes/No Speaking/Non-speaking order lok 4/6

To 1.The Chairman Teachers Recruitment Board, 4th Floor, EVK Sampath Maaligai, DPI Compound, College Road, Chennai 600 006 2.The Secretary, Tamilnadu Public Service Commission, TNPSC Road, Broadway, Chennai 600 003 5/6

G.K.ILANTHIRAIYAN, J.

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