R. Ramanthan v. The Chairman

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:05.07.2019

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD) No.11374 of 2014 and M.P.(MD) No.2 of 2014 R.Ramanathan ... Petitioner -vsThe Chairman, The Teacher Recruitment Board, Chennai.

... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order passed by the respondent in his proceedings in Rc.No.2380/A3/LC/2014 dated 07.04.2014 and quash the same as illegal and consequently to direct the respondent to place the petitioner under Tamil Medium Category for post Graduate Assistant (Commerce) within a period as may be prescrbed by this Court.

For Petitioner : Mr.A.Nawazkhan for M/s.Ajmal Associates For Respondent : Mr.VR.Shanmuganathan Special Government Pleader

O R D E R

The order of rejection of the writ petitioner for recruitment to the post of Post Graduate Assistant (Commerce)/Secondary Grade Teacher in proceedings, dated 07.04.2014 is under challenge in the present writ petition.

2.The writ petitioner participated in the process of selection, pursuant to the recruitment notification issued by the Teachers Recruitment Board for appointment to the post of Post Graduate Commerce/Secondary Grade Teacher.

3.The learned counsel appearing for the writ petitioner states that the writ petitioner is entitled to avail the quota allotted for the Persons Studied in Tamil Medium (PSTM). However, the writ petitioner has mistakenly cited as English Medium candidate in the application.

4.This Court is of the opinion that the instructions and the brochures issued along with applications are to be followed strictly by the candidates. On account of large scale receipt of applications by the Teachers Recruitment Board, such applications are dealt with in accordance with law through computer system. https://hcservices.ecourts.gov.in/hcservices/

5.Thus, once the particulars are entered erroneously after completion of selection, the applicant cannot come and say that he studied in Tamil Medium and therefore, he is eligible to avail the quota allotted under PSTM category. If such claims are entertained, there will be a big bias in the process of selection. There may be so many such candidates in respect of marking of the columns by mistakenly or erroneously or by over site. Such mistakes cannot be condoned after the completion of the process of selection and the selection was over during the year 2014 and now after a lapse of five years, the same cannot be re-opened for the purpose of providing appointment to the writ petitioner. The Supreme Court also held that the candidates must provide all necessary informations and materials along with the applications as per the brochures containing instructions furnished to the candidates along with the applications. In the event of any error or wrong information, the applications are eligible to be rejected.

6.This being the legal principles settled, now after a lapse of five years and after completion of selection process, the case of the writ petitioner may not be considered. 7.With the above observation, this Writ Petition stands dismissed. No costs. The petitioner is at liberty to participate in the forthcoming recruitment process, if any notified and if the writ petitioner is eligible and qualified to participate in the process. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar (Ad-II) // True Copy // Sub Assistant Registrar(CS ) To The Chairman, The Teacher Recruitment Board, Chennai.

+1 CC to M/s.AJMAL ASSOCIATES, Advocate SR-73880. W.P.(MD) No.11374 of 2014 and M.P.(MD) No.2 of 2014 05.07.2019 https://hcservices.ecourts.gov.in/hcservices/ CS(22.07.2019) 2P 3C