E.Devagi v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.09.2024

CORAM

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH and W.M.P.Nos.20836 & 20838 of 2022 Devagi ... Petitioner Vs.

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

2.The Chairman, 4th Floor, EVK Sambath Building, 3.The Member Secretary, 4th Floor, EVK Sampath Building, ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the provisional selection list published by the 2nd respondent in its official website and quash the same and consequently, direct the 2nd respondent to consider the petitioner's representation dated 31.05.2022 and allot marks to the petitioner for M.Phil and experience of the petitioner (experience certificate) and

appoint the petitioner for the post of Lecturer in Government Polytechnic Colleges and Special Institutions (Engineering /Non Engineering) in Tamil Nadu Educational Service for the year 2017-2018 in the process to be held for the Notification 14/2019 dated 27.11.2019 and according to the selection process.

For Petitioner : Mr.S.Sathyaraj For Respondents : Mr.C.Jayaprakash, GA for R1 Mr.R.Neelakandan, AAG Assisted by Mr.C.Kathiravan, Spl.G.P for R2 & R3

O R D E R

This Writ Petition has been filed for quashment of the provisional selection list published by the 2nd respondent in its official website and consequently, to direct the 2nd respondent to consider the representation of the petitioner dated 31.05.2022 and allot marks to the petitioner for M.Phil and experience of the petitioner (experience certificate) and appoint the petitioner for the post of Lecturer in Government Polytechnic Colleges and Special Institutions (Engineering /Non Engineering) in Tamil Nadu Educational Service for the year 2017-2018 in the process to be held for the Notification 14/2019 dated 27.11.2019 and according to the selection process.

2.Heard the learned counsel on either side and also perused the materials available on record.

3.The case of the petitioner herein is similar to that of the dispute which arose in the Writ Petition in W.P.(MD).No.17580 of 2022 (Alagulakshmi Vs. The Chairman, Teachers Recruitment Board). In the said Writ Petition, the Madurai Bench of this Court has passed the following order: "9.I therefore direct the first respondent board to award two marks for teaching experience to the petitioner. The petitioner's score will be 149. This writ petition came up for admission on 04.08.2022. An interim order was passed on to the effect that the appointments made pursuant to the provisional selection list will abide by the final decision. It is for the respondents to take appropriate steps based on what has not been declared."

4. The subject matter in issue is also similar to that of the Writ Petition filed in W.P.(MD).No.17580 of 2022, in which the aforesaid order has been passed. Since the petitioner is also similarly placed as that of the petitioner in W.P.(MD).No.17580 of 2022, his case would also have the similar line of appreciation involved in the above Writ Petition. Hence, he is also entitled to

the same relief as already granted to the other similarly placed person in the earlier judicial order.

5. In the light of the order passed by the Madurai Bench of this Court in the Writ Petition as stated supra, this Writ Petition is disposed of. The Competent Authority is directed to pass appropriate orders in the case of the petitioner with regard to his appointment based on the order passed by the Madurai Bench of this Court in the Writ Petition as stated supra. No costs. Consequently, connected Miscellaneous Petitions are also closed. 13.09.2024 vkr Index : Yes / No Speaking order / Non-speaking order To 1.The Secretary to Government, Department of Higher Education, State of Tamil Nadu, St. George Fort, Chennai 600 009.

2.The Chairman, 4th Floor, EVK Sambath Building,

3.The Member Secretary, 4th Floor, EVK Sampath Building,

VIVEK KUMAR SINGH, J.

vkr and W.M.P.Nos.20836 & 20838 of 2022 13.09.2024