S.Rajaselvi v. The Director Of School Education

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.07.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.21273 of 2024 and WMP.No.23241 of 2024 S.Rajaselvi ... Petitioner Vs.

1.The Director of School Education, DPI Campus, College Road, Chennai 600 006 2.The Secretary, Teachers Recruitment Board, Puratchi Thalaivar Dr.M.G.R.Centenary Building, 3rd & 4th Floors, DPI Campus, College Road, Chennai 600 006 ... Respondents PRAYER:

Writ Petition is filed under Article 226 of Constitution of India praying to issue Writ of Mandamus directing the Respondents to consider the petitioner for selection and appointment to the post of B.T. Assistant (Maths) by filling up the notified vacancies under GT-W / BC-W category in accordance with Notification No.03/2023 dated 25.10.2023 issued by the 2nd respondent and the subsequent Addendum Notification issued by the 2nd respondent in Notification No.03A / 2023 dated 15.11.2023 and another Addendum Notification No.03B/ 2023 1/6

dated 17.05.2024, as per merit in selection, based on the representation submitted by the petitioner dated 23.07.2024 within a time frame to be fixed by this Court.

For Petitioner : Mr.G.Sankaran, Senior Counsel for Mr.C.Iyyappa Raj For Respondents For R1 : Mrs.S.Mythreye Chandru, Special Government Pleader For R2 : Mr.C.Kathiravan, Standing Counsel

O R D E R

This writ petition has been filed for direction to the respondents to consider the petitioner for selection and appoint to the post of BT Assistant (Maths) as per the notification issued by the second respondent dated 25.10.2023.

2.

The petitioner is qualified with M.Sc.(Maths) and M.Phil. She is also qualified with Teacher Eligibility Test and qualified to be appointed as B.T.Assistant / Graduate Teacher in Education Department. 2/6

While being so, the second respondent issued notification dated 25.10.2023 for direct recruitment to the post of Graduate Teacher / BRTE. The petitioner had applied for the same and attended the written examination. She is coming under the category of BC Women. As per the notification, there are 200 vacancies for the Maths subject. As per the communal turn, 15 vacancies have been notified for GT Women and 12 vacancies have been notified for BC Women. Subsequently, the second respondent issued addendum notification and accordingly, five vacancies have been increased under GT Women quota and four vacancies have been increased under BC Women quota. After written examination, the second respondent called for certificate verification in the ratio of 1:1.25. Though the petitioner's name was shortlisted in the selection list, she was not called for counselling.

3.

The learned Senior Counsel appearing for the petitioner submitted that under GT Women category, the second respondent had selected only 17 candidates out of 20. Under BC Women, they had selected only 14 candidates and there are two vacancies. Therefore, the 3/6

petitioner submitted representation seeking for selection and appointment to the post of BT Assistant (Maths) by filling up of the vacancies as per the notification.

4.

On written instruction, the learned Standing Counsel appearing for the second respondent submitted that under GTW, there were 20 vacancies and all were filled up and under BC Women, there were 16 vacancies and all were filled up. The petitioner had secured 108 marks and her date of birth is 27.07.1985. Even though she secured the minimum cut off mark for provisional selection, since she is junior in date of birth and as such, she has not been considered for selection by the second respondent. Further, she is also not eligible for the unfilled communal turns.

5.

Therefore, the representation submitted by the petitioner cannot be considered. However, if there is any vacancy under GT Women and BC Women category as per the notification issued by the second respondent, the respondents are directed to consider the request made by the petitioner.

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6.

With the above direction, this writ petition is disposed of. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs.

30.07.2024 Index: Yes/No Speaking/Non-speaking order lOk To 1.The Director of School Education, DPI Campus, College Road, Chennai 600 006 2.The Secretary, Teachers Recruitment Board, Puratchi Thalaivar Dr.M.G.R.Centenary Building, 3rd & 4th Floors, DPI Campus, College Road, Chennai 600 006 5/6

G.K.ILANTHIRAIYAN, J.

lok 30.07.2024 6/6