A.Kavitha Kirubavathy, v. The Teacher Recruitment Board,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.12.2020
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI And M.P.No.1 of 2014 A.Kavitha Kirubavathy ... Petitioner Vs.
1.The Teacher Recruitment Board Tamil Nadu State Government EVK Sampath Maligai, 4th Floor, DPI Compound, College Road, Chennai - 600 006.
2.The Secretary, Tamilnadu Public Service Commission Chennai - 600 003.
3.The Vice Chairman, Tamilnadu State Council for Higher Education, Chennai - 600 005.
4.The Principal Secretary, Tamilnadu State Government Higher Education (K2) Department, Secretariat, Chennai - 600 009.
... Respondents Prayer:
Petition filed under Article 226 of the Constitution of India to 1/6
issue a Writ of Mandamus directing the respondents to provisionally select the petitioner by considering all the qualifications viz the M.Sc. Zoology and treating the petitioner having full eligibility for the propose appointment of Assistant Professor in the department of Zoology of the Government Arts and Science Colleges and the selection likely to be called for in the month of September, 2014 or then after in future to enable the petitioner to get one appointment and selection for the above post.
For Petitioner : Mr.K.M.Subrahmaniam For Respondents : Mr.C.Munusamy for R1 Special Government Pleader Ms.C.N.G.Niraimathi for R2 Mr.G.Karthikai Balan for R3 & R4 Government Advocate
O R D E R
The petitioner has filed this writ petition seeking issuance of Writ of Mandamus directing the respondents to provisionally select the petitioner by considering all the qualifications viz., M.Sc. Zoology and treating the petitioner having full eligibility for the propose appointment of Assistant Professor in the department of Zoology of the Government Arts and Science Colleges and the selection likely to be called for in the month of September, 2014 or then after in future to enable the petitioner to get one appointment and selection for the above post.
2/6
2.The case of the petitioner is that the petitioner is working as Guest Lecturer in the department of Zoology in Government Arts College, Coimbatore (Autonomous). The petitioner has completed B.Sc.(Zoology), M.Sc.(Life Science) and Ph.D. in Zoology and the petitioner is waiting for the final year result in M.Sc.(Zoology). According to the petitioner, she is fully qualified for appointment to the post of Assistant Professor in the department of Zoology of the Government Arts and Science Colleges, however, she was not selected for the said post. Hence this writ petition. 3.The learned counsel appearing for the petitioner would submit that the petitioner's junior one Sumathy has been appointed in LRG Government Arts College for Women, Tirupur.
He would further submit that the petitioner is well aware that the post of Assistant Professor has to be filled up by the first respondent, through competent examination. Hence, this Court may permit the petitioner to challenge the appointment order given to the said Sumathy and further permit the petitioner to participate in the selection process conducted by the Teachers Recruitment Board.
3/6
4.Respondents side have no grievance in considering the request now made by the learned counsel appearing for the petitioner. 5.In view of the above, this Court permits the petitioner to challenge the appointment order given to the one Sumathy and also permit the petitioner to participate in the selection process conducted by the Teachers Recruitment Board in future.
6.The writ petition is disposed of. No costs. Consequently, the connected miscellaneous petition is closed.
16.12.2020 pri Speaking Order/ Non Speaking Order Index: Yes/ No Internet: Yes/ No 4/6
To 1.The Teacher Recruitment Board Tamil Nadu State Government EVK Sampath Maligai, 4th Floor, DPI Compound, College Road, Chennai - 600 006.
2.The Secretary, Tamilnadu Public Service Commission Chennai - 600 003.
3.The Vice Chairman, Tamilnadu State Council for Higher Education, Chennai - 600 005.
4.The Principal Secretary, Tamilnadu State Government Higher Education (K2) Department, Secretariat, Chennai - 600 009.
5/6
M.DHANDAPANI,J.
pri And M.P.No.1 of 2014 16.12.2020 6/6