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Madras High CourtWP/19948/2022dismissed

G.Rajalakshmi v. The State Of Tamilnadu

2024-12-18Honourable Mr.Justice Vivek Kumar Singh6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 18/12/2024 C O R A M THE HONOURABLE Mr.JUSTICE VIVEK KUMAR SINGH a n d W.M.P.Nos.19238 and 19239 of 2022 G. Rajalakshmi ...

Petitioner Vs

1. The State of Tamil Nadu rep. By its Principal Secretary to Government Higher Education Department Secretariat, Fort St. George Chennai 600 009.

2. The Director of Collegiate Education DPI Campus, College Road Chennai 600 006.

3. The Chairman Teachers Recruitment Board 4th Floor, EVK Sampath Maaligai DPI Campus, College Road Chennai 600 006.

...

Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of certiorarified mandamus to call for the records of the impugned certificate verification list for the post of Lecturers Page No:1/6

in Government Polytechnic Colleges for the year 2022 published by the third respondent in the subject category of Physics and to quash the same and consequently, direct the respondents to revise the certificate verification list for physics subject as per the selection procedure followed in the certificate verification list for Chemistry subject.

For petitioner ...

Mr.Krishnasamy Chinnasamy For respondents ...

Mr.S.Rajesh Government Advocate for R.R.1 and 2.

Mr.C.Kathiravan Special Government Pleader for R.3.

- - - - -

O R D E R

This writ petition has been filed to quash the impugned certificate verification list for the post of Lecturers in Government Polytechnic Colleges for the year 2022 published by the third respondent in the subject category of Physics and consequently, direct the respondents to revise the certificate verification list for physics subject, as per the selection procedure followed in the certificate verification list for Chemistry subject. Page No:2/6

2. The case of the petitioner is that Teachers Recruitment Board/third respondent had issued Notification No.14/2019 dated 27/11/2019 inviting the applications from eligible candidates for the direct recruitment for the post of Lecturers in Government Polytechnic Colleges and Special Institutions (Engineering/Non-Engineering) Tamil Nadu Educational Service for the year 2017 - 2018 and the total vacancies are 1060. The petitioner had applied for the post of Lecturer (Physics) and obtained 144 marks under Backward Class Community. The third respondent had published the list of eligible candidates in 1:2 ratio. The name of the petitioner has not been selected due to wrong procedure followed by the respondents in the General Turn category. Hence, the petitioner has approached this Court by way of a writ petition.

3. The Member (School Education), Director of School Education, Teachers Recruitment Board, Chennai has filed a counter affidavit wherein it is stated that the Board has followed the communal rotation as per 200 point roster scrupulously and hence, the grounds raised by the petitioner are untenable and unsustainable and the same is liable to be dismissed. Page No:3/6

4. Heard Mr.Krishnasamy Chinnasamy, learned counsel for the petitioner, Mr.S.Rajesh, learned Government Advocate for the respondents 1 and 2 and Mr.C.Kathiravan, learned Additional Government Pleader for the third respondent.

5. The learned counsel appearing for the petitioner submitted that the issue raised in this writ petition had already went upto the Hon'ble Supreme Court and final order has also been passed, in which, quoting the judgment rendered by the Hon'ble Supreme Court in the case of Saurav Yadav & Ors, it is stated that the principles or steps which have to be taken to fill in those vacancies are clear in their terms and the application of those principles or steps would imply the general merit list to be first filled in; the backlog vacancies of the particular reserved category to be thereafter filled in first and the remaining reserved vacancies for the current year to be filled thereafter. Since the above principles have not been followed in the selection list published by the respondents, petitioner has approached this Court.

6. The learned Additional Government Pleader appearing for the third respondent Board submitted that Board through the press news dated Page No:4/6

13/7/2022 on the official website of Teachers Recruitment Board has published that the Board will conduct Certificate Verification from 16/7/2022 to 18/7/2022 for the post of Lecturers in Government Polytechnic Colleges and the writ petitioner was not called for Certificate Verification as she scored only 144 marks under Backward Class Community.

7. Perused the materials available on record.

8. The Teachers Recruitment Board had published the provisional selection list as per the orders of the Hon'ble Apex Court. There is no intention as alleged by the petitioner as to the selection of candidates under the reservation for women and there is no violation in the reservation for women. Only after the completion of Certificate Verification, on the basis of weightage marks and written marks, provisional selection list was published for all the subjects on 30/7/2022. Moreover, the entire recruitment process has attained finality. Hence, the claim of the writ petitioner is not feasible for compliance at this length of time. In such a view of the matter, this Court is of the considered view that the writ petition lacks merit and this writ petition deserves dismissal. Page No:5/6

VIVEK KUMAR SINGH,J mvs.

9. In the result, this writ petition is dismissed. No costs. Consequently, connected Miscellaneous Petitions are closed, 18/12/2024 mvs.

Index: yes/No To

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

2. The Director of Collegiate Education DPI Campus, College Road Chennai 600 006.

3. The Chairman Teachers Recruitment Board 4th Floor, EVK Sampath Maaligai DPI Campus, College Road Chennai 600 006.

W.P.No.19948 of 2022 Page No:6/6