S.Amalorpava Anbukarasi v. The Member Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.02.2019
CORAM
THE HONOURABLE MR. JUSTICE D.KRISHNAKUMAR W.P.No.27223 of 2014 & MP Nos.1 & 2 of 2014 S. Amalorpava Anbukarasi
...Petitioner
-VsThe Member Secretary, Teachers Recruitment Board, College Road, Chennai - 600 006
...Respondents
Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus calling for the records connected with the proceedings issued in Na.Ka.No.8181/LC/2014 dated 30.09.2014 (received on 10.10.2014) passed by the Respondent and quash the same and direct the Respondent to send the petitioner for certificate verification and appoint of the petitioner as PG Assistant in the concession of Tamil Medium For Petitioner : Mr. S. Ilamvaludhi For Respondents : Mrs. P. Kavitha, (Addl. Govt. Pleader) ****
O R D E R
The learned Counsel appearing for the petitioner would submit that the petitioner has completed M.Com and B.Ed in Tamil Medium who is fully qualified in the post of Post Graduate Assistant in Commerce. The petitioner could not appear for the counseling of certificate verification scheduled on 24.05.2013. Hence, the petitioner was not selected for the post of Post Graduate Assistant in Commerce. Challenging the non-selection for the above post, the petitioner has preferred Writ petition in W.P. No.8521 of 2014 before this Court. The same is dismissed
by order dated 03.04.2014 of this Court. Aggrieved by the same, Writ appeal in W.A. No.949 of 2014 was filed before this Court wherein the Division Bench of this Court has dismissed as withdrawn since the petitioner has made endorsement for withdrawal of the said petition, having directed the respondent to consider petitioner's representation dated 28.08.2013 in accordance with law and on merits. Pursuant to the afore-said order, the respondent Board has passed impugned order in Na.Ka. No.8181/LC/2014 dated 30.09.2014 rejecting the representation of the petitioner. Being challenged the aforesaid impugned order, the petitioner has filed the present writ petition.
2. The learned Additional Government Pleader appearing for the respondent Board would submit that the petitioner was called for certificate verification on 24.05.2013. But, the petitioner did not appear on that day for certificate verification. Therefore, the petitioner is not entitled for the selection to the post of Post Graduate Assistant in Commerce. This Court also by order dated 03.04.2014 in W.P. No.8521 of 2014 has dismissed and The Division Bench of this Court by order dated 06.08.2014 in W.A. No.949 of 2014 has dismissed as withdrawn.
3. On perusal of the impugned order of the respondent Board, the respondent Board has passed the impugned order in Na.Ka. No.8181/LC/2014 dated 30.09.2014 by incorporating the Judgment of the Division Bench of this Court in W.A. No.949 of 2014 dated 06.08.2014. In the afore-said impugned order, the Board has rejected the request of the petitioner without considering the observations made by the Division Bench of this Court. Therefore, this Court has no hesitation to set aside the impugned order and the respondent Board is directed to consider the representation of the petitioner and pass appropriate orders in the light of the orders passed by the Division Bench of this Court in W.A. No.949 of 2014 dated 06.08.2014 as expeditiously as possible preferably within a period of 12 weeks from the date of receipt of a copy of the order after providing opportunities to the petitioner.
4. Accordingly, the writ petition is disposed of with the above direction. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar
Copy to:
The Member Secretary, Teachers Recruitment Board, College Road, Chennai - 600 006 +1cc to Government Pleader sr.no.10221 +1cc to Mr. S. Ilamvaludhi, Advocate sr.9649 W.P.No.27223 of 2014 & MP Nos.1 & 2 of 2014 nr 20/03/2019