S.Suresh v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17..07..2023 Coram THE HON'BLE MR JUSTICE N.SATHISH KUMAR Writ Petition No.19745 of 2023 S.Suresh ..... Petitioner -Versus1.The Commissioner, Directorate of School Education, DPI Campus, College Road, Chennai 600 006.
2.The Chairman, Teacher Recruitment Board, Puratchi Thalaivar Dr.M.G.R. Centenary Building, 3rd & 4th Floors, DPI Campus, College Road, Chennai 600 006.
3.The Chief Educational Officer, Krishnagiri District, Krishnagiri.
..... Respondents Petition filed under Article 226 of The Constitution of India, praying to issue a Writ of Mandamus directing the respondents to consider the petitioner for selection and appointment to the post of Drawing Teacher consequent to Notification No.05/2017 dated 26.07.2017 issued by the 2nd respondent under MBC (PSTM) category by conducting certificate verification for the petitioner based on the marks secured by the petitioner, in consideration of candidates with lesser marks called for Certificate Verification, based on the representation submitted by the petitioner dated 17.05.2022, within a time frame to be fixed by this court.
For Petitioner : Mr.S.Nedunchezhiyan For Respondents : Mr.P.Baladhandayutham, Spl. Government Pleader for RR1 & 3 Mr.M.Alagu Gowtham, Government Advocate for R2
ORDER
This writ petition has been filed seeking a writ in the nature of mandamus directing the respondents to consider the representation of the petitioner dated 17.05.2022 requesting to select and appoint him in the post of Drawing Teacher under MBC (PSTM) quota.
2. It is the case of the petitioner that despite he having secured 49 marks was not called for certificate verification.
3. On the other hand, the 2nd respondent-TRB filed counter stating that the petitioner had secured only 49 marks. Whereas the cut of mark for General Turn is 61, MBC/DNC T is 51 marks in the General Merit List and therefore, the petitioner was not called for certificate verification. Thereafter, 180 grievance petitions were received from various applicants and out of which 36 eligible candidates were selected for certificate verification for the post of Special Teacher-Drawing and an additional certificate verification list was released on 07.04.2022. As the petitioner did not produce PSTM Certificate along with his earlier request by way of representation dated 20.04.2022, he
was not called for certificate verification. However, the subsequent representation dated 17.05.2023 received from the petitioner enclosing a PSTM Certificate is under the scrutiny of the board along with other 40 petitions.
4. Heard both sides.
5. The learned Government Advocate appearing for the 2nd respondent on instructions from the Teachers Recruitment Board submitted that the petitioner's representation dated 17.05.2022 is still under the consideration of the Board.
6. Considering the limited nature of relief sought for in the writ petition and the submission made by the learned Government Advocate appearing for the 2nd respondent, this court, without going into the merits of the claim of the petitioner, directs the respondents to consider the representation of the petitioner dated 17.05.2022 and dispose of the same on merits and in accordance with law.
This writ petition is disposed of accordingly with the above directions. No costs.
..07..2023 Index : yes / no17 : yes / no kmk To
1.The Commissioner, Directorate of School Education, DPI Campus, College Road, Chennai 600 006.
2.The Chairman, Teacher Recruitment Board, Puratchi Thalaivar Dr.M.G.R. Centenary Building, 3rd & 4th Floors, DPI Campus, College Road, Chennai 600 006.
3.The Chief Educational Officer, Krishnagiri District, Krishnagiri.
N.SATHISH KUMAR.J., kmk 17..07..2023