P.Selvaraju v. Teachers Recruitment Board
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.10.2022
CORAM:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE P.Selvaraju ...
Petitioner vs.
1. Teachers Recruitment Board, Represented by its Member Secretary, 3rd Floor, Puratchi Thalaivar Dr.MGR Centenary Building, DPI Campus, College Road, Chennai - 600 006.
2.The Commissioner of School Education, Directorate of School Education, DPI Campus, College Road, Chennai - 600 006.
... Respondents Prayer : Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent to call the petitioner for counselling for the post of Physical Education Director Grade-I by treating the petitioner as eligible for the post of Physical Education Director Grade-I as per the provisional Selection List of the 1st respondent dated 22.09.2022 pursuant to Notification No.01/2021 dated 09.09.2021 and consequently, direct the 2nd respondent to issue appointment order to the petitioner as Physical Education Director Grade1/8
I coming under the Tamil Nadu Higher Secondary Education Service for the year 2020-2021.
For Petitioner : Mrs.Nalini Chidambaram for M/s.C.Uma For Respondent 1 : Mr.R.Neelakandan Additional Advocate General Assisted by Mr.C.Kathiravan Special Government Pleader For Respondent 2 : Mr.S.Yashwanth Additional Government Pleader
ORDER
This writ petition has been filed for a Mandamus seeking for a direction to the 1st respondent to call the petitioner for counselling for the post of Physical Education Director Grade-I.
2. Heard Mrs.Nalini Chidambaram, learned Senior Counsel representing Mrs.C.Uma, learned counsel for the petitioner, Mr.R.Neelakandan, learned Additional Advocate General assisted by Mr.C.Kathiravan, learned Special Government Pleader appearing for the first respondent and Mr.S.Yashwanth, learned Additional Government Pleader appearing for the second respondent.
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3. According to the petitioner, pursuant to the Notification No.1/2021, dated 09.09.2021, he applied for the subject post and he was provisionally selected as per the selection list issued by the first respondent / Teachers Recruitment Board dated 22.09.2022 as he was found to be eligible. According to the petitioner, despite the same, he has not been called for counselling as was done for other selected candidates under the provisional selection list stated supra. In such circumstances, he has filed this writ petition.
4. The learned Additional Advocate General appearing for the respondents on instructions would submit that only due to the fact that this Court by its order dated 11.10.2022 passed in W.P.No.24888 of 2022 etc., batch filed by the writ petitioners, who were aggrieved by the final key answers declared by the respondent / Teachers Recruitment Board, wherein, a direction was issued to the respondent / Teachers Recruitment Board to reserve one post each of those writ petitioners in the respective subject category till the disposal of those writ petitions and as per the said direction, after keeping one post each for those writ petitioners, the Board has filled the remaining vacant posts, the respondent / Teachers Recruitment Board did not call the petitioner herein for counselling and 3/8
did not issue any appointment orders as appointment orders if issued to this candidate under the provisional selection list, it will be contrary to the order dated 11.10.2022 passed by this Court in the batch of writ petitions referred to supra.
5. The Relevant paragraphs of the written instructions in W.P.No.27740 of 2022 batch received by the learned Additional Advocate General from the Teachers Recruitment Board, dated 17.10.2022, which is also applicable to this case are extracted hereunder:- It is stated that the Board issued the appointment order for the provisionally selected candidates after reserving 56 posts for various subjects as per the above mentioned orders.
It is stated that the Board issued appointment order for the provisionally selected candidates for the subject Botany, Computer Science, Geography, History, Home Science, Physical Education, Political Science & Zoology on 13.10.2022. Further for the subjects Tamil, English, Mathematics, Physics, Commerce and Economics the Board issued the appointment order for the provisionally selected candidates on 14.10.2022.
It is stated that the recruitment for the PG assistants has attained finality by way of issuing the appointment orders. It is further stated that the vacancies for the above said recruitment is filled. Hence, the 4/8
board cannot reserve any further vacancy in respect to any interim orders to keep one post vacant in future, since the vacancies are determined by the User Department. As per the request of the User Department, the board has filled the notified vacancies.
6. Admittedly, under the Notification No.01/2021, dated 09.09.2021, the User Department i.e., the Government has got the power to include new posts. Therefore, there is no prohibition for the respondents to call the petitioner herein for counselling and thereafter, if he has satisfied the requirements, issue appointment orders in his favour. The reason given by the respondents as seen from the instructions received by the learned Additional Advocate General as extracted supra is unjustified, in view of the fact that the petitioner has already been declared / selected provisionally as he has been found to be eligible. In case, the petitioners in the connected writ petitions are entitled to the relief sought for in those writ petitions, necessarily the respondent / Government will have to increase the number of vacancies and therefore, the interim direction given by this Court on 11.10.2022 in W.P.No.24888 of 2022 batch directing the respondents to reserve one post for each of those petitioners cannot be a bar for the respondents to call the petitioner 5/8
herein for counselling and thereafter issue appointment orders in his favour, if he has satisfied all the requirements during the counselling.
7. After giving due consideration to the aforementioned factors, this Court directs the respondent / Teachers Recruitment Board to call the petitioner herein for counselling, within a period of four weeks from the date of receipt of a copy of this order and thereafter issue appointment orders in his favour, provided he has satisfied the requirements of the respondent / Teachers Recruitment Board at the time of counselling.
8. With the aforesaid directions, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 27.10.2022 Index: Yes/No Speaking Order/Non-Speaking Order nl To :
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1. Teachers Recruitment Board, Represented by its Member Secretary, 3rd Floor, Puratchi Thalaivar Dr.MGR Centenary Building, DPI Campus, College Road, Chennai - 600 006.
2.The Commissioner of School Education, Directorate of School Education, DPI Campus, College Road, Chennai - 600 006.
ABDUL QUDDHOSE, J.
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