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Madras High CourtWP/27574/2019disposed of

P.Dhandapani v. The Chairman,

2019-09-17Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :17.09.2019

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.27574 of 2019 and W.M.P.No.27061 of 2019 P.Dhandapani ..Petitioner vs 1.The Chairman Teacher Recruitment Board College Road Chennai-600 006.

2.The Director of School Education College Road Chennai-600 006.

.. Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 1st respondent to appoint the petitioner as Drawing Teacher (Special Teacher) based on the marks secured by them and as per Rule 10 of the Notification No.5/2017 dated 26.07.2017 by considering the representation dated 09.11.2018 and to pass orders on merits and in accordance with law within a time to be stipulated by this Court.

For Petitioner : Mr.P.Ganesan For Respondents : Mr.C.Munusamy Special Government Pleader

O R D E R

Writ Petition is filed for issuance of a Writ of Mandamus directing the 1st respondent to appoint the petitioner as Drawing Teacher (Special Teacher) based on the marks secured by him and as per Rule 10 of the Notification No.5/2017, dated 26.07.2017 by considering the representation dated 09.11.2018, to pass orders on merits and in accordance with law within a time to be

stipulated by this Court.

2.Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents. By consent, the writ petition is taken up for final disposal.

3.The case of the petitioner is that the petitioner belongs to MBC community, he has appeared for written examination for the post of drawing teacher and has secured 59 marks. The 1st respondent has furnished a list of candidates, called for certificate verification and the petitioner has appeared. Thereafter, 1st respondent Board published provisional selection list of drawing teachers along with other category through online on 12.10.2018, in which some of the persons who have secured lesser marks than the petitioner, have been selected. Therefore, the petitioner made representations on 09.11.2018 and again on 26.08.2019 to the 1st respondent requesting them to consider the same as per Notification No.5/2017, dated 26.07.2017. However, till date the petitioner's representations were not considered. Hence, this writ petition.

4. Learned counsel appearing for the petitioner would submit that without going into the merits of the case, it would suffice, if this Court issues direction to the 1st respondent to consider the petitioner's representations and pass appropriate orders within a reasonable time.

5.Learned Special Government Pleader appearing for the respondents has also conceded the request made by the learned counsel appearing for the petitioner.

6. Considering the limited request made by the learned counsel appearing for the petitioner, this Court hereby directs the 1st respondent to consider the petitioner's representations dated 09.11.2018 and 28.06.2019, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

7. The writ petition is accordingly disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (CS-) //True Copy// Sub Assistant Registrar

kj To 1.The Chairman Teacher Recruitment Board College Road Chennai-600 006.

2.The Director of School Education College Road Chennai-600 006.

+1cc to Mr.P.Ganesan Advocate, S.R.No.79635 +1cc to the Government Pleader, S.R.No.80235 GMR(CO) CB(20/09/2019) W.P.No.27574 of 2019 and W.M.P.No.27061 of 2019