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Madras High CourtWP/22862/2021disposed of

T.Tamilselvi v. The Member Secretary

2024-01-09Honourable Ms Justice R.N.Manjula6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.01.2024

CORAM

THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P.No.

22862 of 2021 and W.M.P.Nos.24072, 24073 & 24074 of 2021 T.Tamilselvi ... Petitioner Vs.

The Member Secretary, Teacher Recruitment Board, College Road, Chennai 600 006.

... Respondent Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondent to consider the candidature of the petitioner for appointment to the post of Special Teacher (Drawing) by adopting fair and transparent process of selection within the time stipulated by this Court.

For Petitioner : Mr.B.Vijay For Respondent : Mr.C.Kathiravan

ORDER

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This Writ Petition has been filed seeking issuance of a Writ of Mandamus to direct the respondent to consider the candidature of the petitioner for appointment to the post of Special Teacher (Drawing) by adopting fair and transparent process of selection within the time stipulated by this Court.

2. Heard Mr.B.Vijay, learned counsel for the petitioner and Mr.C.Kathiravan, learned counsel for the respondent.

3. The petitioner has completed Bachelor Degree (History) and applied for the post of Special Teacher (Drawing) in response to the notification dated 26.07.2017 issued by the Teachers Recruitment Board. The petitioner has written the examination and successfully came out with 60 marks. The petitioner was called for certificate verification. However, she was informed that the community certificate produced by her was wrong. The reasons stated for not accepting the community certificate of the petitioner is that the community certificate reflected the husband name of the petitioner and not the father name of the petitioner. Page No.2 of 6

4. The learned counsel for the petitioner submitted that the petitioner belonged to Vanniar community which falls under MBC/DNC and she also married a person belonged to the same community. So, she submitted the community certificate by showing her husband's name and that will not change her community status and hence her candidature should be considered under the category of MBC/DNC.

5. The learned counsel for the respondent submitted that an interim order has been passed on 21.10.2021 directing the respondent to permit the petitioner to appear for certificate verification and she also admitted for the certificate verification and now, the selection list has to be published.

6. The learned counsel for the petitioner submitted that the petitioner also belongs to Persons Studied in Tamil Medium (PSTM) category and she has to produce the necessary certificate to show the same. The learned counsel for the petitioner submitted that there is no specific column in the application showing the category of Persons Studied in Tamil Medium and hence, the petitioner could not find herself Page No.3 of 6

to be considered in the said category. However, the petitioner is said to have produced the proof to show that she studied in Tamil Medium.

7. Similarly placed persons have filed a Writ Petition in W.P.(MD) No.27630 of 2023, wherein, a direction has been given to complete the selection process on or before 31.01.2024 and issue appointment orders to the petitioners therein on or before 28.02.2024. In that case, the petitioner is also at liberty to produce the required certificates to show that she has studied in Tamil Medium along with the community certificate.

8. With these observations, this Writ Petition is disposed and the petitioner is at liberty to produce the required certificates to show that she has studied in Tamil Medium and on such production, the respondent shall verify and take it into consideration along with the community certificate produced by her and consider the petitioner's candidature under the relevant category and publish the results as directed in the order dated 30.11.2023 in W.P. (MD) No.27630 of 2023. No costs. Consequently, connected miscellaneous petitions are closed. 09.01.2024 Page No.4 of 6

Index : Yes /No Internet : Yes/No Speaking / Non-speaking gsk To The Member Secretary, Teacher Recruitment Board, College Road, Chennai 600 006.

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R.N.MANJULA , J.

gsk W.P.No.22862 of 2021 and W.M.P.Nos.24072, 24073 & 24074 of 2021 09.01.2024 Page No.6 of 6