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Madras High CourtWP/25459/2014dismissed

C.Santhosh Kumar, v. The Secretary To Government

2025-02-04Honourable Mr Justice C. Saravanan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 04.02.2025 Coram:

THE HONOURABLE MR.JUSTICE C.SARAVANAN and M.P.Nos.1 & 2 of 2014 C.Santhosh Kumar

...Petitioner

Versus

1.The Secretary to Government of Tamil Nadu, Government Higher Education Department, Fort St.George, Chennai - 600 009.

2.The Chairman, Teachers Recruitment Board, D.P.I Campus College Road, Chennai - 600 006.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of certiorarified mandamus calling for the records pertaining to the Advertisement No.5 of 2014 dated 06.08.2014 issued by the 2nd respondent herein and quash the same and for direction directing the respondents herein to effect fresh advertisement by including the reservation for the category of Dependant of Ex-Servicemen in the process of selection of teachers so as to enable the petitioner to avail the benefit of reservation in the category of Dependant of Ex-Servicemen. 1/6

For Petitioner :

No Appearance For Respondent - 1 :

Mr.V.Veluchamy, Additional Government Pleader For Respondent - 2 :

Mr.C.Kathiravan, Standing Counsel

ORDER

The relief sought in this writ petition is to quash the Advertisement No.5 of 2014 dated 06.08.2014 issued by the 2nd Respondent and direct the Respondents to effect a fresh advertisement by including the reservation for the category of Dependant of Ex-Servicemen in the process of selection of Teachers so as to enable the Petitioner to avail the benefit of reservation in the category of Dependant of Ex-Servicemen.

2. The brief facts of the case are that the Petitioner had completed XII Standard and had thereafter completed Teachers Training Course. During the month of August 2013, the 2nd Respondent Board had conducted an examination for recruitment of Teachers by way of Direct Recruitment.

3. The Petitioner had participated in the said examination. Thereafter, the 2nd Respondent vide Call Letter dated 25.02.2014, called upon the Petitioner to attend the Certificate Verification which was 2/6

scheduled to be held on 18.03.2014, pursuant to which, the Petitioner had attended the Certificate Verification on the said date.

4. While so, the 2nd Respondent issued an Advertisement No.5 of 2014 dated 06.08.2014, wherein, reservation for the Dependant of ExServicemen category had been omitted. Aggrieved by the same, the Petitioner has filed this writ petition.

5. The case of the Petitioner is that the Petitioner's father was an ExServiceman who served in Indian Air Force for 15 years and was discharged from service on 28.02.1989. Being a Dependant of an Ex-Serviceman, the Petitioner is seeking priority in the aforesaid recruitment under the ExServiceman Reservation Quota.

6. The Petitioner was issued with the Certificate of Dependency of Ex-Serviceman dated 18.03.2011 by the Assistant Director of ExServicemen's Welfare, Thiruchirappalli - 620 001. Therefore, it is the case of the Petitioner that he is eligible to have a seat under the Ex-Servicemen Reservation Quota in the aforesaid recruitment. 3/6

7. Today, when this case was taken up for hearing, there is no representation on behalf of the Petitioner.

8. Heard Mr.V.Veluchamy, Additional Government Pleader for the 1st Respondent and Mr.C.Kathiravan, learned Standing Counsel for the 2nd Respondent.

9. As far as this case is concerned, the Petitioner is seeking priority in the matter of recruitment as a Dependant of Ex-Serviceman. However, no Government Order or Statutory Document has been produced by the Petitioner to substantiate his claim. In the absence of any such material, this Court cannot grant the relief sought in this writ petition. Hence, this writ petition is liable to be dismissed.

10. Accordingly, this Writ Petition is dismissed. No costs. Consequently, connected Miscellaneous Petitions are closed. 04.02.2025 mrr Index : Yes/No Speaking Order (or) Non-Speaking Order 4/6

To 1.The Secretary to Government of Tamil Nadu, Government Higher Education Department, Fort St.George, Chennai - 600 009.

2.The Chairman, Teachers Recruitment Board, D.P.I Campus College Road, Chennai - 600 006.

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C.SARAVANAN, J.

mrr 04.02.2025 6/6