Manoj Kumar.S v. The Commissioner Of School Education
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.01.2024
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P.No.29615 of 2022 Manoj Kumar S ... Petitioner -Vs1. The Commissioner of School Education, DPI Campus, College Road, Chennai-600 006.
2. The Teachers Recruitment Board, represented by its Member Secretary, DPI Campus, Chennai-600 006.
... Respondents Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents to include the petitioner's name in the list of candidates published on 13.10.2022 called for counseling for the post of PG Assistant, English as per the selection list published on 13.10.2022 for the post of PG Assistant, English in the reservation for person with disability category and accordingly select the petitioner appoint him to
the post of PG Assistant (English) on the date when all the petitioner's batch mates under the Notification of the respondent Board No.01/2021 dated 09.09.2021 are selected and appointed with all services and monetary benefits.
For Petitioner : No appearance For R1 : Dr.T.Seenivasan Special Government Pleader For R2 : Mr.R.Neelakandan Additional Advocate General assisted by Mr.C.Kathiravan
ORDER
This writ petition has been filed for direction directing the respondents to include the petitioner's name in the list of candidates published on 13.10.2022 called for counseling for the post of PG Assistant, English as per the selection list published on 13.10.2022 for the post of PG Assistant, English in the reservation for person with disability category and accordingly select the petitioner appoint him to the post of PG Assistant (English) on the date when all the petitioner's batch mates under the Notification of the respondent Board No.01/2021 dated 09.09.2021 are selected and appointed with all services and monetary benefits.
2. There is no representation on behalf of the petitioner. Heard the learned Special Government Pleader appearing for the first respondent and the learned Additional Advocate General appearing for the second respondent and perused the materials available on record.
3. The second respondent had issued a notification in Notification Advertisement No.01/2021 for the post of direct recruitment for the post of Post Graduate Assistants/Physical Education Directors GradeI/Computer Instructor Grade I in school education and other departments for the year 2020-2021. As per the notification, the petitioner had applied for the post of Post Graduate Assistant, Grade-I, English, under the category of Most Backward Class/De Notified Community and also a person with disability. The petitioner had appeared for the written examination and secured 89.889 marks out of 150 marks. He was shortlisted by the second respondent and called for certificate verification to be held on 02.09.2022. He had appeared for certificate verification and produced all his original certificates before the second respondent.
Subsequently, the second respondent published a provisional selection list and declared the petitioner as eligible candidate for the post of Post Graduate Assistant, Grade-I, English, under the MBC, backlog vacancy. However, the petitioner was not included in the final list published by the second respondent and not called for counselling.
4. A perusal of the counter filed by the second respondent revealed that as per the revised provisional selection list, dated 14.10.2022, the list of candidates placed under Category III for GT and MBC category is tabulated hereunder:- Candidate Name Community Marks Turn Saranya.I BC GT CAT III BV Mahalakshmi.P BC GT CAT III BV Velu.R MBC (V) MBC/DNC CAT III BV To be called for CV GT W CAT III BV
5. Since the third candidate belongs to Most Backward Class community and had secured 96 marks, he was placed in the MBC/DNC CAT III BC turn (S.No.10-96 marks). In the revised list of provisionally selected candidates for appointment, the said Velu had secured 96 marks
which is higher when compared with the marks of the petitioner. Further, the minimum eligible cut of marks for GT is 98 (S.No.287), MBC/DNC is 98 (S.No.298) and MBC/DNC CAT 3 BV is 96 marks. However, the petitioner had secured only 89.889 marks. Therefore, he was not considered for selection.
6. In view of the above, this writ petition is devoid of merits and is liable to be dismissed. Accordingly, this writ petition stands dismissed. Consequently, connected Miscellaneous petition is closed. There shall be no order as to costs.
30.01.2024 Internet: Yes Index : Yes/No Speaking/Non Speaking order mn
G.K.ILANTHIRAIYAN. J, mn To
1. The Commissioner of School Education, DPI Campus, College Road, Chennai-600 006.
2. The Member Secretary, The Teachers Recruitment Board, DPI Campus, Chennai-600 006.
30.01.2024