B.Senthamizhselvi v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.10.2024 CORAM :
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Writ Petition No.27460 of 2024 R.Senthamizhselvi ....
Petitioner -Vs1.The State of Tamil Nadu Rep.by its Secretary School Education Department Secretariat, Chennai.
2.The Chairman Teachers Recruitment Board 4th Floor EVK Sampath Malaigai DPI Compound College Road, Chennai.
3.The Member School Education Department Teachers Recruitment Board, 4th Floor EVK Sampath Malaigai DPI Compound College Road,Chennai.
....
Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents to appoint the petitioner for the post of Physical Education Teacher within a time bound manner by considering petitioner representation dated 22.11.2022, 25.8.2023. For Petitioner :
Mr.K.Myilsamy For Respondents :
Mr.S.Mythreye Chandru Special Government Pleader for R1 Mr.C.Kathiravan Standing Counsel for R2 & R3 1 / 4
O R D E R
This writ petition has been filed for the issue of a writ of mandamus directing the respondents to appoint the petitioner to the post of Physical Education Teacher by considering the representation made by the petitioner on 22.11.2022 and 25.08.2023. 2.Heard Mr.K.Myilsamy, learned counsel for the petitioner, Mr.S.Mythreye Chandru, learned Special Government Pleader for R1 and Mr.C.Kathiravan, learned Standing Counsel for R2 & R3.
3.The case of the petitioner is that the respondent issued Notification dated 26.07.2017, inviting applications for recruitment to the post of Physical Education, Drawing, Music and Sewing Teachers. The petitioner also submitted the on-line application. The petitioner wrote the examination and the 2nd respondent published the tentative provisional selection list on 13.08.2018. The name of the petitioner was found in Serial Number 473. Thereafter, the petitioner was called for certificate verification and the petitioner had produced all the certificates. 4.The petitioner was waiting for her appointment. While so, a revised list of provisionally selected candidates was published by the 2nd respondent on 28.10.2020. the name of the petitioner was not found in this list. 2 / 4
5.The grievance of the petitioner is that in the selection list that was published on 28.10.2020, Serial Nos.604 to 610 pertained to the candidates coming under the PSTM category. While so, it is attempted to be filled up with candidates falling under some other category. That apart, the petitioner has also raised a ground that there are other vacancies available in which the candidature of the petitioner can be considered. The petitioner made representation in this regard. Since the same was not considered, the present writ petition has been filed before this Court. 6.The learned Standing Counsel appearing on behalf of the Teachers Recruitment Board submitted that Serial Nos.604 to 610 is yet to be filled up.
The learned Standing Counsel made it clear that if no PSTM candidates are available, the same will be filled up by adopting the procedure under Section 6 of the PSTM Act and the eligible candidates will be considered. At that point of time, if the petitioner is also found eligible, her name will also be considered. 7.Recording the above submission, this writ petition is disposed of. No costs. 01.10.
N.ANAND VENKATESH, J.
KP To 1.The Secretary State of Tamil Nadu School Education Department Secretariat, Chennai.
2.The Chairman Teachers Recruitment Board 4th Floor EVK Sampath Malaigai DPI Compound College Road Chennai.
3.The Member School Education Department Teachers Recruitment Board, 4th Floor EVK Sampath Malaigai DPI Compound College Road Chennai.
Writ Petition No.27460 of 2024 01.10.2024 4 / 4