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Madras High CourtWP/6788/2015dismissed

R.Ganesan, v. The Secretary To Government,

2017-11-02Honourable Mr Justice T.Raja4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.11.2017

CORAM:

THE HON'BLE MR. JUSTICE T.RAJA W.P.No.6788 of 2015 R.Ganesan .. Petitioner Vs 1.The Secretary to Government, School Education Department, Government of Tamil Nadu, Secretariat, Chennai - 9.

2.The Member Secretary, Tamil Nadu Teachers Recruitment Board, College Road, Chennai - 6.

3.The Director of School Education, DPI Campus, College road, Chennai - 6.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus to direct the respondents to treat the date of registration for the B.Ed. Degree as 17.06.2008 registered with the Professional Employment Exchange, Madurai, instead of 29.10.2008 as per the registration of B.Ed. Degree with the District Employment Exchange, Pudukottai.

For petitioner : Mr.R.Rengaramanujam For Respondents: Mr.K.Venkataramani, AAG Assist. By Mr.V.Jayaprakashnarayanan, Spl.GP

O R D E R

The petitioner seeks for issuance of a writ of mandamus to direct the respondents to treat the date of registration for the B.Ed. Degree as 17.06.2008 registered with the Professional Employment Exchange, Madurai, instead of 29.10.2008 as per the registration of B.Ed. Degree with the District Employment Exchange, Pudukottai.

2. Learned counsel appearing for the petitioner submitted that the petitioner's permanent address is at Kalathipatty, Thiruvonam, Alangudy Taluk, Pudukottai. He registered his name in the District Employment Exchange, Pudukottai, for B.Sc. (Computer Science) degree on 21.01.2008 and B.Ed. Degree on 29.10.2008. Even before this, it is stated, he has registered his name in the Professional Employment Exchange at Madurai on 17.06.2008. Whileso, the Tamil Nadu Teachers Recruitment Board (TRB) had issued a Notification dated 13.10.2014 for the recruitment to the post of Computer Instructor for teaching 11th and 12th standard in the Government Higher Secondary School and it has also called for the candidates from the District Employment Exchange for recruitment to the above post in accordance with the State Level Employment Seniority.

Thereafter, the petitioner was received with a call letter from the TRB for certificate verification based on his State Level Employment Seniority. On receiving such letter, he has also participated in the Certificate Verification held on 02.03.2015 at the O.C.P.M. Higher Secondary School, Madurai. He was also informed by the authorities that he would get the order of appointment in due course in accordance with the State Level Employment Seniority.

3. However, it is submitted, on verification of the TRB's website, it was found that they have noted the date of registration of his B.Ed. Degree as 29.10.2008 by taking into account his registration with the District Employment Exchange, Pudukottai, instead of taking note of his date of registration as 17.06.2008 with the Professional Employment Exchange, Madurai. Therefore, he made representations dated 03.03.2015 and 05.03.2015 requesting them to take into account the date of registration as 17.06.2008, in which date he has registered his name in the Professional Employment Exchange, Madurai. Despite the said representations, his representations were not considered till date, therefore, the present writ petition with a prayer cited supra.

4. Learned Additional Advocate General appearing for the respondents, by filing a detailed counter affidavit, submitted that pursuant to the Notification dated 13.10.2014, the Directorate of Employment and Training, Chennai, sponsored a list of candidates vide their proceedings dated 24.11.2014 and 25.11.2014. Thereafter, the second respondent also published a Notification dated 28.11.2014 instructing all the candidates to approach the Director of Employment and Training, Chennai, on or before 12.12.2014 in case the candidates required correction/inclusion arising out of omission, including the date of registration. However, despite the specific instruction, the petitioner has not approached the said authority with regard to non-consideration of his date of registration of B.Ed. Degree

with the Professional Employment Exchange at Madurai on 17.06.2008. The name of the petitioner was sponsored along with other eligible candidates to the second respondent Board in the ratio of 1:5 by the Director of Employment and Training, Chennai. Moreover, the petitioner, in his bio-data stated his date of registration with the employment exchange of B.Ed. Degree as 29.10.2008.

Therefore, it is contended, the petitioner, by categorically stating his date of registration as 29.10.2008, cannot now come before this Court seeking to alter the same, so as to gain the State Level Seniority.

5. This Court finds merits on the above said submissions, for the simple reason that after issuance of the Notification dated 13.10.2014 for direct recruitment to the post of Computer Instructors, the second respondent also on his part vide his Notification dated 28.11.2014 instructed all the candidates to approach the Director of Employment and Training, Chennai, on or before 12.12.2014 in case the candidates required correction/inclusion arising out of omission, including the date of registration. Even after this clear instruction, the petitioner has not approached the authority concerned requesting them to take note of the date of registration as 17.06.2008, instead of 29.10.2008.

Besides, as stated by the learned Additional Advocate General for the respondents, the petitioner, in his bio-date, stated his date of registration with the employment exchange as 29.10.2008, therefore, having done all those mistakes, the petitioner has no locus-standi now to seek a prayer for a direction to the respondents to treat the date of registration for B.Ed degree as 17.06.2008, instead of 29.10.2008.

6. Thus, for the reasons stated above, the writ petition fails and the same is dismissed accordingly. No Costs. M.P.No.1 of 2015 is closed.

Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar rkm

To 1.The Secretary to Government, School Education Department, Government of Tamil Nadu, Secretariat, Chennai - 9.

2.The Member Secretary, Tamil Nadu Teachers Recruitment Board, College Road, Chennai - 6.

3.The Director of School Education, DPI Campus, College road, Chennai - 6.

+ 1 cc to Mr.R. Rengaramanujam, Advocate Sr.77993 + 1 cc to Mr. the Government Pleader Sr.78289 W.P.No.6788 of 2015 SK(CO) EU(28/11/2017)