P.Meenmozhi v. The Member Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 31.01.2019

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA Writ Petition No.27055 of 2018 and W.M.P. Nos.31460 & 31463 of 2018 P.Meenmozhi .. Petitioner

Versus

1.The Member Secretary, Teachers Recruitment Board, DPI Campus, College Road, Chennai-600 006.

2.The Registrar, Mother Teresa Women's University, Kodaikanal-624 101, Dindigul.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying to issue a writ of Certiorarified mandamus directing the first respondent to calling for the record in the impugned order upload on the official website of the 1st respondent pertaining to the petitioner's Application Id:11811714 & 11811719 quash the same and direct the first respondent to permit the petitioner to write the examination scheduled from 13.10.2018 to 16.10.2018 for the post of Assistant Professor in Labour Law and Administrative Law for recruitment to the post for Assistant Professor was called by the first respondent vide Notification No.2/2018 dated 18.07.2018.

For Petitioner :

Mr.Prabhu Mukunth Arunkumar For Respondents:

Mr.C.Munusamy, Special Government Pleader for R1 Mr.M.Elumalai, Standing Counsel for R2

O R D E R

The writ petition has been filed challenging the impugned order dated 06.10.2018 passed by the first respondent stating that the petitioner has not passed SLET/NET at the time of Notification, as per expert Committee decision and seeking a direction to the first respondent to permit the petitioner to write the examination for the post of Assistant Professor in Labour Law and Administrative Law.

2.Learned counsel appearing for the petitioner would submit that the petitioner has passed SLET examination on 21.08.2017 much prior to the date of notification and also prior to the date of rejection stating that the petitioner has not passed the SLET examination. However, the second respondent has issued a certificate on 24.01.2019 stating that the petitioner has cleared the SLET examination held on 23.04.2017. In view of the non issuance of the SLET Certificate by the second respondent to the petitioner, she was unable to produce the same and therefore, she was unable to take part in the examination for the post of Assistant Professor in Labour Law and Administrative Law. In view of the fact that the petitioner has become eligible by clearing the SLET examination, the writ petition needs to be allowed.

3.Mr.M.Elumalai, learned Standing Counsel for the second respondent submitted that the petitioner has passed the SLET examination held in the year 2017 and a certificate also has been furnished to the petitioner on 24.01.2019 belatedly showing that the petitioner is qualified even on 23.04.2017 and therefore, the rejection order issued by the Teachers Recruitment Board/the first respondent on 06.10.2018 has to go. 4.Mr.C.Munusamy, learned Special Government Pleader submitted that in view of the subsequent development taken place in issuing the hall ticket by the first respondent, the petitioner is allowed to write the examination. 5.Therefore, it is clarified that the candidature of the petitioner for the post of Assistant Professor can be considered on the basis of passing the SLET examination held on 23.04.

2017 and the first respondent is directed to release the results for the post of Assistant Professor in Labour Law and Administrative Law within a period of one week. With the above direction, the writ petition stands disposed of. The impugned order is quashed. Consequently, connected W.M.Ps are closed. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar vga To 1.The Member Secretary, Teachers Recruitment Board, DPI Campus, College Road, Chennai-600 006.

2.The Registrar, Mother Teresa Women's University, Kodaikanal-624 101, Dindigul.

+2ccs to Mr.D.Prabhu Mukunth Arunkumar, Advocate, S.R.No.8241 Writ Petition No.27055 of 2018 and W.M.P. Nos.31460 & 31463 of 2018 SAI(CO) rrs 14/02/2019