P.Malathi v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated :03.03.2015

CORAM:

The Honourable Mr.Justice K.K.SASIDHARAN W.P.No.5628 of 2015 & M.P.No.1 of 2015 P. Malathi

...Petitioner

- Vs.- 1.

The State of Tamil Nadu Rep. by its Secretary to Government Higher Education (F2) Department Fort St. George Chennai-600 009.

2.

The Chairman Teachers Recruitment Board EVK Sampath Maaligai API Compound College Road Chennai-600 006.

3.

The Member (School Education) Teacher Recruitment Board EVK Sampath Maligai College Road Chennai-600 008.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the respondents 1 and 2 to include the one mark granted to the petitioner towards Teaching Experience at the time of Certificate Verification, whereby bringing the total marks to 101 and consequently appoint the petitioner as a Post Graduate Assistant.

For Petitioner : Ms.P.T.Asha for M/s. Sarvabhauman Associates For Respondents : Mr.M.S.Ramesh Addl. Govt. Pleader

ORDER

The petitioner submitted application for appointment to the post of Post Graduate Assistant/Physical Education Director - Grade I, pursuant to the notification issued by the Teachers Recruitment Board. The petitioner secured 98 marks in the written examination. However, she was not given one mark for teaching experience. Since she secured only 98 marks in written examination and 2 marks for employment seniority, her name was not considered for appointment. The petitioner now seeks a direction to the Teachers Recruitment Board to award one mark to her on account of her teaching experience.

2. The Teachers Recruitment Board filed a counter affidavit indicating that the petitioner has rendered service for a total period of 11 months and 28 days and as such she was not given mark for teaching experience.

3. The documents available on record clearly shows that the petitioner got only 11 months and 28 days experience as teacher. The minimum experience required for awarding one mark is one year. The petitioner is short of two days. Under such circumstances, there is no question of directing the Teachers Recruitment Board to award her one mark for teaching experience. Such a direction cannot be issued as it would amount to award of marks by the Court.

4. In the result, the writ petition is dismissed. Consequently, the connected MP is closed. No costs. Sd/- Asst.Registrar (CS III) /true copy/ Sub Asst. Registrar Tr/ 1.

The Secretary to Government Higher Education (F2) Department Fort St. George Chennai-600 009.

2.

The Chairman Teachers Recruitment Board EVK Sampath Maaligai API Compound College Road, Chennai-600 006.

3.

The Member (School Education) Teacher Recruitment Board EVK Sampath Maligai College Road Chennai-600 008.

1 cc to M/s. Sarvabhuman Associates, Sr. 11615 1 cc to Government Pleader, sr. 11852 W.P.No.5628 of 2015 ALA (CO) kk 17/3