P.Ramya, v. The Secretary,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.06.2019
CORAM:
THE HONOURABLE MR.JUSTICE D. KRISHNAKUMAR WP(MD)No.14397 of 2019 and WMP(MD).Nos.10837 and 10838 of 2019 P. Ramya ... Petitioner Vs.
1. The Secretary, Higher Education Department, Government of Tamil Nadu, EVK Sampath Buildings, College Road, Chennai - 600 006.
2.The Chairman, Teachers Recruitment Board, (Direct Recruitment of Computer Instructors Grade I (PG) Grade 2019), College Road, Nugampakkam, Chennai - 600 006.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus calling for the records relating to the news item published in 2nd respondent's official website on 24.06.2019 with regard to conduct re-examination only for few candidates on 27.06.2019 prejudicially and quash the same as illegal and consequently, direct the respondents to conduct re-examination to all candidates regarding the recruitment of Computer Instructors Grade I (PG Grade) 2019 in all over Tamil Nadu which is already held on 23.06.2019 improperly as per the 2nd respondent's Notification No.9/2019 dated 01.03.2019. For Petitioner : Mr. P. Murugadasan For R1 : Mrs. S. Srimathy Special Government Pleader For R2 : Mr. V.R. Shanmuganathan Special Government Pleader.
ORDER
This Writ Petition has been filed seeking to call for the records relating to the news item published in 2nd respondent's official website on 24.06.2019, with regard to conduct the reexamination only for few candidates on 27.06.2019 prejudicially and quash the same and consequently, direct the respondents to conduct re-examination to all the candidates regarding the recruitment of
Computer Instructors Grade I (PG Grade) 2019 in all over Tamil Nadu, which is already held on 23.06.2019 improperly as per the 2nd respondent's Notification No.9/2019, dated 01.03.2019.
2. Mrs. S. Srimathy, learned Special Government Pleader takes notice for first respondent and Mr. V.R.Shanmuganathan, learned Special Government Pleader takes notice for the second respondent.
3. By consent of both parties, this Writ Petition is taken up for final disposal at the admission stage itself.
4. According to the petitioner, she has applied for the post of Computer Instructors Grade I (PG Grade), as per the Notification of the Teachers Recruitment Board of Tamil Nadu Government, dated 01.03.2019 and also appeared for the written examination, which was held on 23.06.2019 at Pandiyan Yadava Engineering College, Sivagangai. The allegation of the petitioner is that due to the server problem, she could not perform the exam well. She has made further allegation that while at the time of examination, in some examination centres, the candidates were allowed to use mobile phones and discussed each other, inside the exam halls. The said violation has been published in various newspapers and TV news. Therefore, the petitioner has made representation dated 25.06.2019 through E-mail. Thereafter, she has filed the present Writ Petition to quash the Notification dated 24.06.2019, issued by the second respondent with regard to conduct re-examination.
5. The learned Special Government Pleader appearing for the respondents would submit that if the petitioner has grievance, on the date of examination, she ought to have sent the communication to the respondent / Board and thereby, considering the said representation proper enquiry will be conducted and the decision will be taken by the Board. But, the petitioner has chosen to file a representation only on 25.06.2019 and hence, the same is not bonafide on the part of the petitioner making such allegations.
6. Considering the facts and circumstances of the case, without going on the technicalities of the submission made by the learned Special Government Pleader appearing for the respondents, in the interest of justice, this Court, directs the 2nd respondent / Board to look into the said representation of the petitioner, dated 25.06.2019, insofar as Writ Petitioner's Centre alone is concerned and take a decision within a period of one week from today. The petitioner shall forward the representation dated 25.06.2019, along with a copy of this order.
7. With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed.
Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS ) trp To
1. The Secretary, Higher Education Department, Government of Tamil Nadu, EVK Sampath Buildings, College Road, Chennai - 600 006.
2.The Chairman, Teachers Recruitment Board, (Direct Recruitment of Computer Instructors Grade I (PG) Grade 2019), College Road, Nugampakkam, Chennai - 600 006.
2CC TO M/S. P.MURUGADASAN, ADVOCATE SR 71584 ES 27/06/2019 3P 5C WP(MD)No.14397 of 2019 and WMP(MD).Nos.10837 and 10838 of 2019 26.06.2019