R.Deepika v. The Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Special Original Jurisdiction ) Thursday, the Nineteenth day of December Two Thousand Nineteen PRESENT THE HON`BLE MR JUSTICE P.D.AUDIKESAVALU WMP No.35972 of 2019 IN WP.NO.34747 OF 2019 1 R.DEEPIKA [ PETITIONER ] D/O. RAJENDRAN NO 44/23, JAIN NAGAR, 2ND STREET, PATTALAM CHENNAI-12.
Vs 1 THE SECRETARY [ RESPONDENTS ] SCHOOL EDUCATION DEPARTMENT, GOVERNMENT OF TAMIL NADU, FORT.ST.GEORGE, CHENANI-9.
2 THE DIRECTOR OF SCHOOL EDUCATION, DPI CAMPUS, COLLEGE ROAD NUNGAMBAKKAM CHENNAI-6.
3 THE SECRETARY STATE BOARD OF SCHOOL EXAMINATIONS, SECONDARY, DPI CAMPUS, COLLEGE ROAD NUNGAMBAKKAM CHENNAI-6.
4 THE HEAD MISTRESS CHENNAI CORPORATION, GIRLS HIGHER SECONDARY SCHOOL ROTLER STREET CHENNAI-12.
5 THE MEMBER SECRETARY MEDICAL SERVICES RECURITMENT BOARD (MRB) 7TH FLOOR DMS BUILDING 359, ANNA SALAI TEYNAMPET CHENNAI-6.
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to pass an Ad-Interim Order of Direction, directing the 5th Respondent to provisionally select the Petitioner to the post of Labouratory Technician Grade II by not insisting on the submission of corrected date of birth in the X Standard Mark Statement on or before 29.12.2019 and to accept the X Standard Mark Statement with corrected date of birth at a later date, (IN WMP.NO.35972 OF 2019) pending final disposal of the Writ Petition NO.34747 OF 2019.
Order : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of S.SIVAKUMAR, Advocate for the petitioner and of MR.C. MUNUSAMY, SPECIAL GOVERNMENT PLEADER FOR 1 & 4 AND OF MR.M.LOGANATHA, STANDING COUNSEL on behalf of the 5TH Respondents the court made the following order:- The Petitioner was selected for the post of Lab Technician Grade II by the Fifth Respondent/Medical Services Recruitment Board. At the time of verification of her certificates, it was found that her date of birth has been entered as 02.01.1992 in X standard mark statement issued by the Third Respondent, while in all other certificates it is mentioned as 10.11.1990. The Fifth Respondent required the Petitioner to correct her date of birth as 10.01.
1990 in her X standard mark statement within a period of one month from the date of publication of Order No.08/MRB/2016 dated 29.11.2019. This Writ Petition has been filed for a direction to the First to Third Respondents to correct the date of birth of the Petitioner as 10.01.1990 instead of 02.01.1992 in her X standard mark statement based on her representation dated 07.12.2019. 2.
Learned Special Government Pleader appearing for the First to Fourth Respondents seeks time for filing Counter-Affidavit in the Writ Petition.
3.
It is submitted by the Learned Counsel for the Petitioner that as the time period granted by the Fifth Respondent for joining duty by producing corrected date of birth in the X standard mark statement would end shortly, the Petitioner agrees that if she is allowed to join duty without producing the same now and the Writ Petition is eventually dismissed, she would vacate from the office by cancellation of her selection, and an affidavit has been filed to that effect, which is placed on record.
4.
Having regard to the aforesaid submissions made, the Fifth Respondent shall permit the Petitioner to provisionally join duty in the post of Lab Technician Grade II, if she is otherwise eligible, subject to the result of the Writ Petition, which shall be specifically mentioned in that order.
5.
This Miscellaneous Petition is disposed on the aforesaid terms.
-sd/- 19/12/2019 / TRUE COPY / Sub Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.
TO 1 THE SECRETARY SCHOOL EDUCATION DEPARTMENT, GOVERNMENT OF TAMIL NADU, FORT.ST.GEORGE, CHENANI-9.
2 THE DIRECTOR OF SCHOOL EDUCATION, DPI CAMPUS, COLLEGE ROAD NUNGAMBAKKAM CHENNAI-6.
3 THE SECRETARY STATE BOARD OF SCHOOL EXAMINATIONS, SECONDARY, DPI CAMPUS, COLLEGE ROAD NUNGAMBAKKAM CHENNAI-6.
4 THE HEAD MISTRESS CHENNAI CORPORATION, GIRLS HIGHER SECONDARY SCHOOL ROTLER STREET CHENNAI-12.
5 THE MEMBER SECRETARY MEDICAL SERVICES RECURITMENT BOARD (MRB) 7TH FLOOR DMS BUILDING 359, ANNA SALAI TEYNAMPET CHENNAI-6.
C.C. to S.SIVAKUMAR Advocate on payment of necessary charges The Government Advocate, High Court, Madras - 104. Order in WMP No.35972 of 2019 IN WP.NO.34747 OF 2019 Date :19/12/2019 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format VC (10/01/2020)IT