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Madras High CourtWP/34358/2012disposed of

N.Selvi v. The Chairman

2017-11-17Honourable Mr Justice S.M. Subramaniam2 pages

In the High Court of Judicature at Madras Dated : 17.11.2017 Coram :

The Honourable Mr.Justice S.M.SUBRAMANIAM W.P.No.34358 of 2012 and M.P.No.1 of 2012 N.Selvi ... Petitioner Vs The Chairman, Teachers Recruitment Board, College Road, Chennai-6.

... Respondent Prayer: Petition under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondent to implement the selection of the petitioner bearing Regn.No.1999F06152, Roll No.7320003 made by the respondent in the year 2010. [Prayer amended as per order dated 25.06.2013 by VDPJ in MP./ 13 in WP.No.34358 of 2012]. For Petitioner: M/s.R.Ganesh Babu, Arumugam and R.Narayanan For Respondent : Mr.A.Raja Perumal Additional Government Pleader

ORDER

The relief sought for in this writ petition is for a direction to direct the respondents to appoint the petitioner as Graduate Teacher, pursuant to the selection held in the year 2010.

2. The learned counsel for the writ petitioner made a submission that the writ petitioner has appeared in the Teachers' Recruitment Selection for the year 2010, through District Employment Exchange, as per the State wise seniority for the year 2009-2010. The petitioner was selected. However, the selection was withheld, on account of the degree of B.Sc (Animal Science and Biotechnology) and the respondents was of the opinion that the said degree was not equivalent to B.Sc Zoology, which was prescribed as an educational qualification by the Teachers' Recruitment Selection Board. In this regard, the petitioner made a representation on 12.07.2012 stating that https://hcservices.ecourts.gov.in/hcservices/

the degree acquired by the petitioner is equivalent to B.Sc (Zoology). However, the same was not considered.

3. The learned counsel appearing on behalf of the petitioner states that subsequently, the Government issued G.O. Ms. No.104, Higher Education Department, dated 22.06.2012 stating that the B.Sc - Animal Science and Bio Technology is equivalent to B.Sc Zoology. Relying on the said G.O., the learned counsel urged this Court by stating that the said G.O. is to be applied and further as per the judgement of this Court, the degree was validated from the date of acquisition of the degree, and therefore, the case of the writ petitioner is to be considered in accordance with the G.O. issued in G.O. Ms. No.104, dated 22.06.2012.

4. However, the writ petitioner participated in the selection for the year 2009-10 and now after a lapse of seven years, this Court cannot issue any such direction to appoint the petitioner. Thus, the first respondent is directed to consider the representation submitted by the writ petitioner of 12.07.2012 and pass orders on merits and in accordance with law within a period of 12 weeks from the date of receipt of a copy of this order. The writ petitioner is directed to submit the copy of the representation along with the order passed in this Writ Petition. Accordingly, the writ petition stands disposed of. Consequently, connected miscellaneous petition is closed. No order as to costs.

Sd/- Assistant Registrar //True copy// Sub Assistant Registrar vv/vsi2 To The Chairman, Teachers Recruitment Board, College Road, Chennai-6.

+1cc to Mr.R.Ganesh Babu, Advocate SR.No.81854 +1cc to Government Pleader SR.No.82483 W.P.No.34358 of 2012 GN(05/12/2017) https://hcservices.ecourts.gov.in/hcservices/