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Madras High CourtWP/32159/2019disposed of

M.Selvi, v. State Of Tamil Nadu,

2019-12-10Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.12.2019

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.Nos.32159, 32162, 32164, 32166 & 32168 of 2019 M.Selvi

...Petitioner in WP.No.32159/2019

C.Logeswari

...Petitioner in WP.No.32162/2019

G.Arularasi

...Petitioner in WP.No.32164/2019

Maheswari

...Petitioner in WP.No.32166/2019

K.Sankar

...Petitioner in WP.No.32168/2019

Vs.

1. State of Tamil Nadu Represented by its Secretary to School Education Department Fort St.George, Chennai - 600009.

2. The Director of School Education, DPI Campus, College Road, Chennai - 600006.

3. The Teachers Recruitment Board Represented by its Member - Secretary DPI Campus, College Road, Chennai - 600006.

...Respondents in all WPs

Prayer in WP.No.32159/2019 : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the respondents herein to publish the select list for the post of drawing teacher in the persons who studied in Tamil Medium (PSTM Category) by including the name of the petitioner taking into consideration the fact that the petitioner has undergone her X Std, XII Std and Technical Teachers Certificate and Higher Grade Free Hand Drawing Certificate only in Tamil Medium as per the certificates enclosed in the prescribed format in the notification of the respondent Board in Notification No.5/2017 dated 22.07.2017 and accordingly select and appoint the petitioner to the post of Drawing Teacher with all attendant service and monetary benefits on the date on which the non PSTM candidates were selected and appointed.

Common Prayer in WP.No.32162, 32164, 32166 & 32168/2019 : Writ Petitions filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the respondents herein to publish the select list for the post of drawing teacher in the persons who studied in Tamil Medium (PSTM Category) by including the name of the petitioner taking into consideration the fact that the petitioner has undergone her X Std, XII Std and Technical Teachers Certificate and Higher Grade Free Hand Drawing Certificate only in Tamil Medium as per the certificates enclosed in the prescribed format in the notification of the respondent Board in Notification No.5/2017 dated 26.07.2017 and accordingly select and appoint the petitioner to the post of Drawing Teacher with all attendant service and monetary benefits on the date on which the non PSTM candidates were selected and appointed.

For Petitioners : Mrs.Dakshayani Reddy (in all Wps) For Respondents : Mrs.V.Annalakshmi (in all Wps) Government Advocate COMMON ORDER All these writ petitions have been filed for the issue of Writ of Mandamus, directing the respondents to publish the select list for the post of Drawing Teacher in the persons who studied in Tamil Medium (PSTM) Category by including the name of the petitioners.

2. It is the case of the petitioners that all of them had applied for selection to the post of Drawing Teachers under the 20% Quota given for persons who have studied through Tamil Medium. According to the petitioners, they fulfilled all the requirements and even in the online application, they have made it very clear that they are claiming for selection only under the said Quota. It is further claimed by the petitioners that all the certificates as required under the Annexures has also been submitted by the petitioners.

3. The petitioners were declared to be qualified and they were all called for certificate verification. The petitioners have submitted all their certificates and on 13.08.2018, the select list was published and the names of the petitioners were found in Serial Nos.164, 167, 168, 244 and 245. The petitioners have been waiting for their selection and appointment and they found that it was kept pending for all those candidates who were selected under the PSTM category. Later, the petitioners came to know that the delay had happened by virtue of orders passed by this Court in a batch of writ petitions on 12.03.2019, wherein, the respondents were directed to redraw the selection list with regard to the PSTM category and finalize the selection list and appoint the candidates. After this order was passed, there was absolutely

no progress in the selection process and therefore, the petitioners left with no other option have approached this Court, seeking for appropriate directions.

4. Mrs.Dakshayani Reddy, learned counsel appearing on behalf of the petitioners submitted that the requirements that have been pointed out by this Court in a batch of writ petitions by order dated 12.03.2019, has been fulfilled by the petitioners and the petitioners have clearly given their option to fall under the PSTM category both at the time when they submitted the application and also at the time when they were called for certificate verification. The learned counsel submitted that the persons belonging to all other categories have already been selected and the persons belonging to PSTM category alone are not appointed and it is kept pending endlessly. The learned counsel further submitted that this Court can issue a direction to the respondents to publish the selection list and appoint the candidates within a time frame that can be fixed by this Court.

5. Per contra, the learned counsel appearing on behalf of the respondents submitted that after the orders were passed by this Court in a batch of writ petitions, the respondents are in the process of redrawing the selection list, insofar as the PSTM category is concerned. The learned counsel submitted that if the petitioners have satisfied all the requirements to be considered under this Quota, their names will also be added in the selection list and they will be appointed in the respective post. The learned counsel requested this Court to give some more time to publish the selection list.

6. There is not much of controversy that requires to be dealt with in these writ petitions. It is seen that the names of the petitioners has already been published in the select list that was published on 13.08.2018. The subsequent order passed by this Court in a batch of writ petitions only reiterated the requirements as contained in the application form. This order was passed in the month of March, 2019. However, till date, the redrawn selection list has not been published by the respondents. The process cannot be kept pending endlessly and the respondents will have to proceed further and redraw the selection list with regard to the PSTM category by taking into consideration the requirements fixed by the notification and the same being reiterated by this Court by passing an order on 12.03.2019. If the petitioners have satisfied all the requirements, the names of the petitioners must also form part of the selection list and thereafter, they must be provided with the appointment.

7. In the result, these writ petitions are disposed of with a direction to the third respondent to publish the redrawn selection list of PSTM Quota, within a period four weeks from the date of receipt of a copy of this order. On publication of the said selection list, the third respondent

is directed to proceed further with the appointment of the candidates whose name is found in the select list. No costs. Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar sni To

1. State of Tamil Nadu Represented by its Secretary to School Education Department Fort St.George, Chennai - 600009.

2. The Director of School Education, DPI Campus, College Road, Chennai - 600006.

3. The Teachers Recruitment Board Represented by its Member - Secretary DPI Campus, College Road, Chennai - 600006.

+1 cc to Government Pleader Sr.No. 104005 +5ccs to Mrs.Dakshayani, Advocate SR.No. 10362 W.P.Nos.32159, 32162, 32164, 32166 & 32168 of 2019 A.SK(22/01/2020)