S.Anandakumar, v. The State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.12.2021
CORAM
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.NO.32369 OF 2014 AND M.P.NO.1 OF 2014 S.Anandakumar ... Petitioner .Vs.
1. The State of Tamilnadu, Rep. By its Secretary to Government, School Education Department, Fort St. George, Chennai - 600 009.
2. The State Employment & Training Dept.
Rep. by its Director, Guindy Industrial Estate, Guindy, Chennai - 600 032.
3. The District Chief Educational Officer, O/o. District Chief Educational Office, Dharmapuri Distrtict.
4. The Assistant Director, District Employment Exchange, Dharmapuri.
... Respondents PRAYER:- The Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Certiorarified Mandamus, calling for the records relating to the proceedings made in A3/2091/2014 dated 27.10.2014 issued by the fourth respondent and quash the same and consequently, direct the respondents to sponsor the name of the petitioner to the post of Lab Assistant in the Government Higher Secondary School, Dharmapuri District after verification of records and correct the date of registration of preferential category from 28.5.2008 to 23.5.2005 and appoint him in the aforesaid post under the preferential category of department of ex-serviceman.
For Petitioner :
Mr.G.Ethirajulu For Respondents : Mr.V.Nammaran Assistant Government Pleader
ORDER
The petitioner has registered his educational qualification in the District Employment office, Dharmapuri. The registration particulars of the petitioner are as follows: Name S.Anandakumar Registration No.
DRD 2002M00009177 Community & Category MBC - Priority (Dependent of Exservicman) Date of Birth 13.04.1979 Qualification registered with Seniority SSLC, X01.10: Seniority from:
02.01.2001 HSC, X01.15: Seniority from :
28.11.2006 B.A.TamilX01.30Seniority fr.:29.12.2013 B.Ed.151.10 Seniority from :
07.10.2013
2. Counter affidavit has been filed by the fourth respondent wherein it is stated that in the OC Priority category all available Destitute Widows were nominated and in the intercaste Married Priority category candidates registered upto 23.6.2000 were nominated. In the MBC Non priority category candidates registered upto 11.02.1984 and in the OC Non Priority category candidates registered upto 10.7.1995 were nominated. The petitioner's priority category has not reached the purview of nomination both in the MBC Priority and OC Priority category. The Government in G.O.Ms.No.188 P & AR Department, dated 28.12.1976 has prescribed the order of priority to be followed for nomination and the respondents 2 and 4 are following the same for every nomination notified. In the list of priority categories annexed to the said Government order for existing item-i under Group II, the respondent has followed the said Government order. Further, the Government has taken a policy decision to conduct a written test to select candidates.
3. In view of the stand taken by the third respondent in the counter affidavit, there is no merit in the writ petition.
4. Consequently, the writ petition stands dismissed. Connected miscellaneous petition is closed. No Costs. Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar vaan To 1.
The Secretary to Government, State of Tamilnadu, School Education Department, Fort St. George, Chennai - 600 009.
2. The Director, State Employment & Training Dept., Guindy Industrial Estate, Guindy, Chennai - 600 032.
3. The District Chief Educational Officer, Dharmapuri Distrtict.
4. The Assistant Director, District Employment Exchange, Dharmapuri.
+1cc to Mr.G.Ethirajulu, Advocate, S.R.No.66067 W.P.NO.32369 OF 2014 AND M.P.NO.1 OF 2014 AJS(CO) PBS/29/12/2021