P.Punitha v. The Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.10.2022
CORAM:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE and W.M.P. Nos.26442 & 26443 of 2022 P.Punitha ...
Petitioner vs.
1. The Government of Tamilnadu, Teacher Requirement Board, Rep. by Chairman, 4th Floor, EVK Sampath Maligai, DPA Campus, College Road, Chennai - 600 006.
2. K.V.Akila ...
Respondents Prayer : Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records of the deletion list dated 09.09.2022 on the file of the 1st respondent deleting the name of the petitioner from the Selection list for the post of Lecturer Civil Engineering and directing the 1st respondent to include the name of the petitioner for the post of Lecturer Civil Engineering under the category of MBC(W)(T) and issue appointment letter.
For petitioner : Mr.R.Rajarajan For respondents : Mr.R.Neelakandan Additional Advocate General Assisted by Mr.C.Kathiravan Special Government Pleader for R1 1/5
ORDER
Mr.R. Neelakandan, learned Additional Advocate General, assisted by Mr.C. Kathiravan, learned Special Government Pleader accepts notice for the 1st respondent.
2. This writ petition has been filed challenging the deletion list dated 09.09.2022 issued by the 1st respondent deleting the name of the petitioner from the Selection list for the post of Lecturer (Civil Engineering) and directing the 1st respondent to include the name of the petitioner for the post of Lecturer Civil Engineering under the category of MBC(W)(T) and issue appointment letter.
3. Heard Mr.R.Rajarajan, learned counsel for the petitioner and Mr.R.Neelakandan, learned Additional Advocate General, assisted by Mr.C. Kathiravan, learned Special Government Pleader for the 1st respondent. Since no adverse orders are passed against the 2nd respondent, notice to 2nd respondent is dispensed with by this Court.
4. The learned counsel for the petitioner at the outset would submit that the petitioner is satisfied if her representation seeking to include her name in the selection list is considered on merits and in accordance with law. According to him, the petitioner had secured more marks than the 2nd 2/5
respondent but despite the same, her name has been deleted under the impugned deletion list dated 09.09.2022.
5. The learned counsel for the petitioner also drew the attention of this Court to the earlier provisional selection list under which the name of the petitioner as a selected candidate is disclosed. As seen from the provisional selection list, the petitioner has secured 99 marks and 3 marks were added for higher qualification and in all put together, the petitioner has secured 102 marks.
6. The learned counsel for the petitioner would point out that in respect of the 2nd respondent she has secured only 100 marks. But despite the same only the petitioner's name has been deleted from the selection list even though she has secured more marks than the 2nd respondent.
7. No prejudice would be caused to the respondents, if the petitioner's representation seeking for including her name in the selection list is considered on merits and in accordance with law, within a time frame to be fixed by this Court.
8. For the foregoing reasons, this Court directs the 1st respondent to pass final orders on the petitioner's representation dated 15.09.2022 seeking for inclusion of her name in the list for the post of Lecturer Civil Engineering under the category of MBC(W)(T) and issue appointment 3/5
letter, within a period of four weeks from the date of receipt of a copy of this order. Depending upon the final orders to be passed by the 1st respondent on the petitioner's representation, the appointment orders can be issued either to the petitioner or the 2nd respondent, after hearing the petitioner as well as the 2nd respondent 9.With the aforesaid directions, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed. 12.10.2022 Index: Yes/No Internet: Yes/No Speaking Order/Non-Speaking Order vsi2 To :
The Chairman, The Government of Tamilnadu, Teacher Requirement Board, 4th Floor, EVK Sampath Maligai, DPA Campus, College Road, Chennai - 600 006.
4/5
ABDUL QUDDHOSE, J.
vsi2 12.10.2022 5/5