S.Shaheen v. The Government Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :17.12.2019

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH W.P.No.34621 of 2019 and WMP Nos.35376 & 35378 of 2019 S.Shaheen

...Petitioner

Vs.

1. The Government of Tamil Nadu, Represented by its Secretary, Department of School Education, Fort St. George, Chennai 600 009.

2. The Teachers Recruitment Board, Represented by its Chairman, 4th Floor, E.V.K.Sampath Maligai, DPI Campus, College Road, Chennai 600 006.

3. The Director of School Education, DPI Campus, College Road, Chennai 600 006.

4. The Commissioner, Employment and Training, Guindy, Chennai - 32 ..Respondents Prayer:- Writ petitions filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records of the 2nd respondent in their letter R.O.C.No.3271/R3/2013 dated 27.07.2018 and also the Revised Provisional Selection list issued by the 2nd respondent on 18.10.2019, quash the same and consequently, direct the 2nd respondent to keep one post vacant for the post of Special Teacher (Drawing) by considering my candidature for the 20% Reservation Quota for persons studied in Tamil Medium and to appoint the petitioner for the post of Special Teacher (Drawing).

For Petitioner : Mr.A.Zeirudeen For Respondents : Mrs.V.Annalakshmi Government Advocate for R1, R3 and R4 Mr.C.Munusamy,

Special Government Pleader for R2

O R D E R

This writ petition has been filed challenging the provisional selection list issued by the 2nd respondent on 18.10.2019 and for a consequential direction to direct the 2nd respondent to keep one post vacant for the post of Special Teacher (Drawing).

2.

The case of the petitioner is that the Teachers Recruitment Board issued a notification dated 26.07.2017 calling for applications for appointment to the post of Special Teacher including drawing. The petitioner had submitted herself for the said selection and the petitioner was also issued with the call letter by the 2nd respondent and she was asked to produce all the documents for certificate verification. It is the grievance of the petitioner that the revised provisional list was issued by the 2nd respondent for the post of Special Teachers and that the petitioner was not considered in the said list. Therefore, the present writ petition has been filed before this Court. 3.

The learned counsel for the petitioner submitted that the petitioner had applied for the said post under the PSTM quota and that the petitioner had completed her SSLC, Higher secondary Course and Higher grade in drawing and other Technical Teachers course only in Tamil medium. The learned counsel submitted that the petitioner had submitted all the certificates to the 2nd respondent, in order to submit her claim under the PSTM Quota. The learned counsel submitted that the 2nd respondent has not added the name of the petitioner in the provisional list and the petitioner has been wrongfully denied an opportunity to participate in the selection. 5.

Per contra, the learned counsel for the respondents submitted that the notification was issued to fill up totally 327 posts. 20% reservation that has been given for PSTM Category works out to 65 posts. The learned counsel submitted that pursuant to the orders passed by this Court, the entire list is being redrawn and if the petitioner is found to satisfy all the requirements, the candidature of the petitioner will also be considered for appointment to the post of Special Teacher (Drawing).

6.

In view of the specific stand that has been taken by the learned Government Advocate, the petitioner will have to wait for the publication of the redrawn list by the 2nd respondent. If the petitioner had satisfied all the requirements and has also submitted the relevant documents, the petitioner

will be automatically considered for selection. The submission made by the learned Government Advocate is recorded and this Court does not deem it fit to give any other directions to the respondents.

7.

This writ petition is disposed of with the above directions. No costs. Consequently, the connected miscellaneous petition is also closed.

s/d- Assistant Registrar(CO) True Copy Sub-Assistant Registrar rka To

1. The Government of Tamil Nadu, Represented by its Secretary, Department of School Education, Fort St. George, Chennai 600 009.

2. The Teachers Recruitment Board, Represented by its Chairman, 4th Floor, E.V.K.Sampath Maligai, DPI Campus, College Road, Chennai 600 006.

3. The Director of School Education, DPI Campus, College Road, Chennai 600 006.

4. The Commissioner, Employment and Training, Guindy, Chennai - 32 +1 CC to Govt. Pleader sr 105831.

+1 CC to Mr.A.Zeirudeen, Advocate sr 105256.

W.P.No.34621 of 2019 and WMP Nos.35376 & 35378 of 2019 SVI(CO) SP(29/01/2020)