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Madras High CourtWP/28994/2022disposed of

A.Geetha v. The Chairman

2022-11-03Honourable Mr Justice Abdul Quddhose6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.11.2022

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE A.Geetha Registered No.TRBPG280656 & Roll No.21PG0902079051 ... Petitioner Vs

1. The chairman, Teachers Recruitment Board (TRB), 4th Floor, E.V.K. Sambath maligai, College Road, Chennai - 6.

2. The Director of School Education, DPI Campus, College Road, Chennai - 6.

3. The Chief Educational Officer, Thiruvallur District, Tiruvallur.

... Respondents Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus to direct the 1st respondent to consider her representation dated 26.09.2022 subsequent to the representations 1/6

12.09.2022, 17.09.2022, 20.09.2022 and consequently, direct them to select her for the post of Post graduate Assistants in notification/advertisement No.01/2021 dated 09.09.2021 for the post of Post Graduate Assistants/ Physical Education Directors Grade-1/Computer Instructor Grade-1 in School Education and other departments for the year 2020-2021. For Petitioner ...

Mr.R.Radha Pandian For Respondents ...

Mr.R.Neelakandan, Additional Advocate General-8, Assisted by Mr.C.Sathish, Government Advocate for R1 to R3

O R D E R

This writ petition has been filed for a Mandamus seeking for a direction to select the petitioner for the post of Post Graduate Assistant pursuant to the notification issued by the Teachers Recruitment Board dated 09.09.2021 for the post of Post Graduate Assistants/ Physical Education Directors.

2. The petitioner claims that inadvertently, in her application form, she has disclosed "No" for the question as to whether the petitioner is seeking quota under the Secondary Grade Teacher quota, though she had applied for 2/6

the post only under the said quota. According to the petitioner, she was called for Certificate verification by the respondents and she had also produced the certificates. She also claims that she had sent several representations to the respondents requesting them to consider her case under the Secondary Grade Teacher quota. However, according to the petitioner, as per the provisional list declared by the Teachers Recruitment Board, her name has been left out. In such circumstances, she has filed this writ petition.

3. Heard Mr.R.Radha Pandian, learned counsel for the petitioner and Mr.R.Neelakandan, learned Additional Advocate General, assisted by Mr.C.Sathish, learned Government Advocate, accepts notice on behalf of the respondents.

4. On instructions, learned Additional Advocate General would submit that the petitioner did not apply for the post under the Secondary Grade Teachers Quota and therefore, she is not eligible to get selected. He would also submit on instructions that the cut off marks for BC-SGT category is 97 marks, whereas the petitioner has secured only 96 marks. Even if the petitioner would have applied for SGT category, she could not have reached the cut off marks for selection. However, learned counsel for the petitioner 3/6

would submit that being a women, who has secured 96 marks and who has applied to the post under the SGT category, she is entitled to get selected.

5. No prejudice would be caused to the respondents if the petitioner's representation is considered on merits and in accordance with law, within a time framed to be fixed by this Court.

6. For the foregoing reasons, this Court directs the 1st respondent to pass final orders on the petitioner's representation dated 26.09.2022 seeking for consideration of her application under BC-SGT category within a period of two weeks from the date of receipt of a copy of this order.

7. With the aforesaid direction, the Writ Petition is disposed of. No costs.

03.11.2022 Index: Yes/ No Speaking Order/Non-speaking Order vsi To

1. The Chairman, Teachers Recruitment Board (TRB), 4th Floor, E.V.K. Sambath maligai, 4/6

College Road, Chennai - 6.

2. The Director of School Education, DPI Campus, College Road, Chennai - 6.

3. The Chief Educational Officer, Thiruvallur District, Tiruvallur.

ABDUL QUDDHOSE, J.

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