Madras High CourtWP(MD)/9753/2018disposed of

V. Muniyasamy, v. State Of Tamil Nadu,

2018-04-27Honourable Mr Justice T. S. Sivagnanam3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 27.04.2018

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.(MD).No.9753 of 2018 V.Muniyasamy ... Petitioner Vs.

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

2. The Teachers Recruitment Board, Rep by its Chairman, 4th Floor, EVK Sampath Maaligai, DPI Campus, College Road, Chennai-600 006.

3. The Member Secretary, Teachers Recruitment Board, 4th Floor, EVK Sampath Maaligai, DPI Campus, College Road, Chennai-600 006.

4. The Director of School Education, O/o.The Director of School Education, DPI Campus, College Road, Chennai-600 006.

5. The Chief Educational Officer, O/o. The Chief Educational Officer, Ramanathapuram District.

6. The District Educational Officer, O/o.The District Educational Officer, Paramakudi, Ramanathapuram District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to appoint the petitioner in the post of B.T.Assistant

in any of the vacancy preferably in Ramanathapuram District or in any other vacant post in the light of the proceedings in Na.Ka.No.38763/C2/E3/2015 dated 10.06.2015 issued by the respondent No.4 within the time period stipulated by this Court. For Petitioner : Mr.S.Rajasekar For R1, 4 to 6 : M/s.Srimathy Special Government Pleader For R2 and R3 : Mr.VR.Shanmuganathan Special Government Pleader

ORDER

Heard Mr.S.Rajasekar, learned counsel appearing for the petitioner, M/s.Srimathy, learned Special Government Pleader appearing for the respondents 1, 4 to 6 and Mr.VR.Shanmuganathan, learned Special Government Pleader appearing for the respondents 2 and 3.

2.By consent, Writ Petition itself, is taken up for final disposal.

3.The petitioner, who is a physically challenged person, has approached this Court seeking for a direction upon the respondents to appoint him as B.T.Assistant in any of the vacancy, preferably, in Ramanathapuram District. The petitioner has referred to the proceedings of the Director of School Education, dated 10.06.2015, wherein, the Chief Educational Officer of all the Districts have been directed to give priority to Physically Challenged candidate, while filling up the posts of B.T.Assistants. 4.From the affidavit filed in support of this petition, it is not clear as to whether the petitioner has come within the zone of consideration within the candidates, who suffered from visual disability.

Furthermore, it is not clear as to whether any other candidate has secured higher mark than the petitioner in the Teachers Eligibility Test and weightage mark. However, the petitioner's case is that his candidature has been put in cold storage. In this regard, a representation has been given to all the respondents on 20.04.2018 and the same was sent by the speed post on the day itself and within seven days, the petitioner has approached this Court without even waiting for a reasonable time for the authorities to act upon the said representation.

When such being the factual position, this Court is not inclined to issue any positive direction, but taking note of the fact that the petitioner is a physically challenged person, this Court directs the petitioner to submit a representation to the third respondent along with a copy of this order and the third respondent, on receipt of such representation, is directed to consider the same and send a suitable reply to the petitioner within a period of two weeks from the date of receipt of a copy of this order.

5.With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(W) /True Copy/ Sub Assistant Registrar To

1. The Principal Secretary to the Government, School Education Department, Secretariat, Fort St.George, Chennai-600 009.