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Madras High CourtWP/3015/2025disposed of

V.Baby v. The State Of Tamilnadu

2025-02-10Honourable Mr Justice C.V. Karthikeyan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.02.2025

CORAM

THE HON'BLE Mr. JUSTICE C.V.KARTHIKEYAN W.P.No.3015 of 2025 and W.M.P.Nos.3293 & 3295 of 2025 V.Baby .. Petitioner Vs.

1.The State of Tamil Nadu, Rep. by its Principal Secretary to Government, School Education Department, Fort St. George, Chennai - 600 009.

2.The Director of School Education, Directorate of School Education, DPI Campus, College Road, Chennai - 600 006.

3.Tamil Nadu Public Service Commission, Rep. by its Secretary, TNPSC Road, VOC Nagar, Park Town, Chennai - 600 003.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to draw two separate selection lists one for the open category and another for the teacher

category by following the communal reservation in accordance with the vacancies earmarked as against each community or priority and complete the exercise and issue the revised selection list as per the direction of this Court by order dated 29.04.2024 in W.P.No.25424 of 2021 and promote the petitioner to the post of Chief Educational Officer or equivalent post within a time frame to be fixed by this Court.

For Petitioner .. Mr.G.Uma For Respondents .. Mrs.Mythrae Chandru, Special Government Pleader

ORDER

This Writ Petition has been filed in the nature of a Mandamus seeking a direction against the respondents to draw two separate selection lists one for open category and another following the communal reservation. The petitioner claims that there has been a direction in this regard in W.P.No.25424 of 2021 by an order dated 29.04.2024. The petitioner seeks promotion to the post of Chief Educational Officer or equivalent post. 2.In the affidavit filed in support of the writ petition, it had been stated that the petitioner had applied for the post of District Educational Officer under the open market category. She had written the preliminary examination, written examination and also participated in the interview. The

ranking list was published on 02.12.2020 and 47 candidates had been called for the counselling. The petitioner claimed that her rank in accordance with merit was 11. Thereafter, the provisionally admitted list of candidates were also issued on 16.12.2020. It is contended that the 1st respondent had passed G.O.(3D) No.03, School Education (SE1 (1)) Department dated 13.07.2021, approving the selection of 20 candidates. The petitioner was in SL.No.9. The petitioner is however deeply aggrieved with the seniority list provided and therefore, claims that two separate seniority list should be maintained, one in accordance with the open category and another in accordance with the communal reservation.

3.That is a policy decision to be taken only by the respondents and this Court can never issue a direction in this regard. The petitioner had given a representation. Let that be examined. But however, the respondents also have a duty to put on notice all the candidates who would be affected and whose seniority would be taken into consideration and thereafter, pass necessary orders. The respondents may also put up their draft seniority list before finalizing the seniority list.

4.With the above observations, this Writ Petition stands disposed of.

No costs. Consequently, connected Writ Miscellaneous Petitions are closed. 10.02.2025 Index:Yes/No Internet:Yes/No smv To 1.The Principal Secretary to Government, School Education Department, Fort St. George, Chennai - 600 009.

2.The Director of School Education, Directorate of School Education, DPI Campus, College Road, Chennai - 600 006.

3.The Secretary, Tamil Nadu Public Service Commission, TNPSC Road, VOC Nagar, Park Town, Chennai - 600 003.

C.V.KARTHIKEYAN,J.

smv W.P.No.3015 of 2025 10.02.2025