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Madras High CourtCONT P/2069/2025closed

K.Manimekalai v. Thiru. C.Smayamoorthy, Ias., And 2 Others

2025-07-21Honourable Mr Justice N. Anand Venkatesh8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21-07-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH

1. K.Manimekalai D/o.N.Kaladurai Petitioner(s) Vs

1. Thiru. C.Smayamoorthy, IAS., Secretary to Government, The State of Tamilnadu, Higher Education K2 Department, Fort St.George, Chennai-600 009 2.Dr. B.Chandra Mohan, I.A.S., Principal Secretary to Government, State of TamilNadu, School Education Department, Fort St.George, Chennai600 009. 3.Tmt. S.Jayandhi, I.A.S., Chairman, Teachers Recruitment Board, 3rd and 4th Floor, Puratchi Thalaivar Dr. MGR Centenary Building, Perasiriyar Anbazhagan Kalvi Valagam, College Road, Nungambakkam, Chennai - 600 006.

Contemnor(s) PRAYER To punish the respondent for committing grave contempt and gross disobedience of the order passed by this Court in W.P.No. 26310 of 2024 dated 09.09.2024.

For Petitioner:

For Respondent:

Mr.N.Kavitha Rameshwar Mr.S.Arumugam Government Advocate for R1 Mrs.S.Mythreye Chandru Special Government Pleader (Edn) for R2 Mr.r.Neelakandan Additional Advocate General asst by Mr.C.Kathiravan Standing Counsel for R3

ORDER

Pursuant to the order passed by this Court dated 11.07.2025, an affidavit has been filed by the third respondent, and the relevant portions are extracted hereunder,

10. It is submitted that the petitioner herein had secured 93 marks in the written examination and 0.50 marks was awarded Weighatge marks for TNTET totalling 93.50 marks under BC, BC T, BC W, BC WT category. The cut-off marks as per the Provisional Selection List published by the Board on 23.08.2024 for the subject Tamil is tabulated hereunder:

Communal Turn Cut-off Marks as per Provisional Selection List dated 23.08.2024 GT 94.00 GT T 94.00 GT W 94.00 GT W T 94.00 BC 94.00 BC T 94.00 BC W 94.00 BC W T 94.00

11. It is submitted that the Board further Revised the Selection List and published the Revised Provisional Selection List on 28.03.2025. The cut-off marks as per the Revised Provisional Selection List for the subject Tamil is tabulated hereunder:

Communal Turn Cut-off Marks as per Provisional Selection List dated 28.03.2025 GT 94.00 GT T 94.00 GT W 94.00 GT W T 94.00 BC 94.00 BC T 94.00 BC W 94.00 BC W T 94.00

12. It is submitted that since the Contempt Petitioner had secured only 93.50 marks and did not reach the minimum selection cut-off under GT, GT T, GT W, GT W T, BC, BC T, BC W and BC W T of 94.00 marks, as per the Provisional and Revised Selection List dated 23.08.2024 and 28.03.2025; hence, she was not selected for the post of BT Assistant (Tamil).

13. It is submitted that the Contempt Petitioner's name was earlier in the list of ineligible candidates, published on 23.08.2024. Subsequently, after her qualification was declared equivalent as per G.O. No.155 Higher Education (J1) department dt.09.07.2025, the Board considered her as qualified candidate; however, she did not reach the minimum selection cut-off marks and therefore, her candidature was not considered for selection under any of the categories of GT, GT T, GT W, GT W T, BC, BC T, BC W and BC W T. Hence, the Board vide Proceedings in R.C.No.1109/CV1/S2/2024 dated 10.07.2025 has rejected her candidature based on her merit, as observed in the Order dated 09.09.2024 in W.P. No. 26310 of 2024. The petitioner was neither in the Provisional Selection List nor in the zone of consideration. The List of eligible and qualified candidates in the Provisional Selection List is herewith filed.

14. It is further submitted that the direct recruitment for the post of Graduate Assistant for the year 2023 has attained finality by way of publication of the Revised Provisional Selection List in the Official website of TRB.

2. It is clear from the above that the petitioner, who had secured 93.50 marks, did not reach the minimum selection cut-off mark of 94 marks. Therefore, the petitioner was not within the zone of consideration.

3. The learned counsel for the petitioner submitted that similarly placed persons approached this Court and filed W.P. No. 13518 of 2025, and it was brought to the notice of this Court that the names of four candidates were deleted from the provisional selection list, and as a result, the three WRIT petitioners were directed to be accommodated in the additional vacancies given by the User Department.

4. The learned counsel for the petitioner submitted that the case of the petitioner can also be treated applying the same yardstick, and if there are any additional vacancies, the name of the petitioner can be considered.

5. In the considered view of this Court, issuing such direction would go beyond the scope of the contempt petition. Hence, if at all there are any additional vacancies where the petitioner can be accommodated, the same can be considered by the respondents, and in the absence of the same, it is left open to the petitioner to work out her remedy in the manner known to law. This contempt petition is closed in the above terms. No costs. 21-07-2025 gd Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.Thiru. C.Smayamoorthy, IAS., and 2 others Secretary to Government, The State of Tamilnadu, Higher Education K2 Department, Fort St.George, Chennai600 009 2.Dr. B.Chandra Mohan, I.A.S., Principal Secretary to Government, State of TamilNadu, School Education Department, Fort St.George, Chennai600 009. 3.Tmt. S.Jayandhi, I.A.S., Chairman, Teachers Recruitment Board, 3rd and 4th Floor, Puratchi Thalaivar Dr. MGR Centenary Building, Perasiriyar Anbazhagan Kalvi Valagam, College Road, Nungambakkam, Chennai - 600 006.

N.ANAND VENKATESH J.

gd CONT P No. 2069 of 21-07-2025