Balasubramaniam v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :12.09.2019
CORAM
THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No. 20561 of 2019 & W.M.P.No.19798 of 2019 Balasubramaniam ..Petitioner vs 1.The State of Tamil Nadu, Rep., by its Secretary to Government, Education Department, Fort St. George, Chennai - 600 009.
2.The Director of School Education, (Higher Secondary) DPI Compound, College Road, Nungambakkam, Chennai - 600 006.
3.The Teachers Recruitment Board, Rep., by its Chairman, 4th Floor, E.V.K.Sampath Maligai, DPI Campus, College Road, Nungambakkam, Chennai - 600 006.
.. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus forbearing the 3rd respondent herein from in any manner conducting, Computer Based Examination (On line) with respect to the Recruitment Notification No.10/2019, dated 12.06.2019, for the Direct Recruitment for the post of Post Graduate Assistant/Physical Education Director, Grade-I for the year 2018 - 1019 and to conduct written Examinations as conducted by the 3rd respondent in the past.
For Petitioner : Mr.V.Vijashankar For Respondents: Mr.C.Munusamy Special Government Pleader
O R D E R
The prayer sought for is to forbear the 3rd respondent herein from in any manner conducting, Computer Based Examination (On line) with respect to the Recruitment Notification No.10/2019, dated 12.06.2019, for the Direct Recruitment for the post of Post Graduate Assistant/Physical Education Director, Grade-I for the year 2018 - 1019 and to conduct written Examinations as conducted by the 3rd respondent in the past.
2. The case of the petitioner is that he has the qualification of M.Com, B.Ed.,. The 3rd respondent is the agency, engaged in the recruitment of Teachers for the Tamil Nadu Education Department and other Departments. The 3rd respondent herein issued Recruitment Notification dated 12.06.2019, for the direct Recruitment for the post of Post Graduate Assistants/Physical Education Directors Grade-I for the year 2018-2019.
The last date for submitting on-line application was 15.07.2019. The 3rd respondent decided to conduct Computer based Examination (On-line) for this particular selection. Aggrieved over the said on-line examination, the present Writ Petition is filed.
3. The learned counsel for the petitioner would submit that in the very same issue in W.P.No.27136 of 2019, this Court had passed order on 10.09.2019. He would also submit that the same order may be passed in the present Writ Petition considering the similar facts of the case.
4. Considering the submissions made and facts of the cases are same in both the Writ Petitions, it is useful to reproduce the operative portion of the said order and the same is extracted herein below:
"6. Considering the facts and circumstances of the case and considering the submission made on behalf of the respondents-Department that the request made by the petitioner will be considered, the 3rd respondent is directed to consider the representation of the petitioner dated 22.08.2019 on or before 24.09.2019 and pass appropriate orders. The decision taken by the 3rd respondent, shall be furnished to the petitioner, on or before 24.09.2019.
7. The present Writ petition stands disposed of with the above direction. No costs. Consequently connected Miscellaneous Petitions are closed."
5. The present Writ Petition is disposed of on the same lines of the order extracted supra. The petitioner is granted liberty to make representation and after such representation
being made, the authorities may pass appropriate orders on or before 24.09.2019.
No costs.
Consequently, connected Miscellaneous Petition is also closed.
kan Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar To 1, The Secretary to Government, State of Tamil Nadu, Education Department, Fort St. George, Chennai - 600 009.
2.The Director of School Education, (Higher Secondary) DPI Compound, College Road, Nungambakkam, Chennai - 600 006.
3. The Chairman, Teachers Recruitment Board, 4th Floor, E.V.K.Sampath Maligai, DPI Campus, College Road, Nungambakkam, Chennai - 600 006.
W.P.No. 20561 of 2019 & W.M.P.No.19798 of 2019 Kak(12/09/2019)