C. Ravikumar v. The Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.09.2022
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM C.Ravikumar
...Petitioner
Vs.
1. The Director, Director of School Education, Chennai - 600 006.
2. The Joint Director of School Education, DPI Buildings, Chennai.
3. The Chief Educational Officer, Tiruvallur.
... Respondents Prayer : Writ Petition filed Under Article 226 of the Constitution of India, to issue a writ of Mandamus, to direct the third respondent to consider the petitioner for appointment to the post of Lab Assistant under the Exserviceman Category by giving priority in the vacant post. For Petitioner : M/s.N.Umapathi For Respondents : Mrs.S.Mythreye Chandru Special Government Pleader 1/4
ORDER
The petitioner has filed this writ petition for the issuance of a Writ of Mandamus directing the third respondent to consider the petitioner for appointment to the post of Lab Assistant under the Ex-serviceman Category by giving priority in the vacant post.
2. The petitioner participated in the process of selection for appointment to the post of Lab Assistant and he submitted an application under the priority category of Ex-Serviceman. However, the case of the petitioner was not considered for selection and thus, the present writ petition is filed.
3. The learned Special Government Pleader appearing on behalf of the respondents made a submission that the priority was provided to the ExServicemen, belonging to backward class community. Accordingly, the case of the petitioner was also considered along with the other candidates. The petitioner has scored 43 marks in the selection and therefore, was not within the zone for consideration.
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4. The details regarding the marks awarded with reference to the ExServicemen category is stated in paragraph 13 of the counter affidavit, which reads as under:
"13. In the above Ex-servicemen rotation and turns, the following qualified candidates were appointed as Laboratory Assistants in RC.No.2748/A1/2015 dated 2015."
S.
No Roll No Name sex D.O.B Priority Com munit y Marks in Written Exam Marks for Edl.
Qualfifica tions Marks for Emp.
Regn Marks for Pre.
experie nce Total Marks Turn 32106721 B.B.Elangovan M 120176 Ex.Ser BC B.C.Ex (Ex.Ser) 32112553 K.Venkatesan.
M 26/04/70 Ex.Ser BC B.C.Ex (Ex.Ser)
5. As per the Counter Affidavit, one Mr.B.B.Elangovan and one Mr.K.Venkatesan were selected under the Ex-Servicemen BC category and both of them scored more marks than the the writ petitioner.
6. That apart, the vacancies notified for BC Ex-Servicemen candidates was only two and thus, there is no infirmity in respect of the non-selection of the writ petitioner for appointment to the post of Lab Assistant.
7. Accordingly, the writ petition stands dismissed. No costs. 22.09.2022 Index : Yes Speaking order rgm/SHA 3/4
S.M.SUBRAMANIAM, J.
rgm/SHA To
1. The Director, Director of School Education, Chennai - 600 006.
2. The Joint Director of School Education, DPI Buildings, Chennai.
3. The Chief Educational Officer, Tiruvallur.
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