V.Radha v. The State Of Tamilnadu
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.14836 of 2014 V.Radha ... Petitioner -vs1.The State of Tamilnadu, Rep.by its Principal Secretary to Government, School Education Department, St.George Fort, Secretariat, Chennai.
2.Teachers Recruitment Board, Rep by its Member Secretary, 4th Floor, DPI Campus, College Road, Chennai.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the second respondent herein to consider the petitioner for appointment to the post of Secondary Grade Teacher, under Dependent of Ex-Servicemen Priority category and appoint petitioner to the said post. For Petitioner : Mr.M.Ramesh For R1 : M/s.S.Srimathy Special Government Pleader For R2 : Mr.VR.Shanmuganathan Special Government Pleader
ORDER
The relief sought for in the present writ petition is for a direction to the second respondent to consider the petitioner for appointment to the post of Secondary Grade Teacher, under Dependent of Ex-Servicemen Priority category.
2.The main contention of the writ petitioner is that ExServicemen quota has not been provided under the priority category. 3.This Court is of the considered opinion that providing of quota cannot be claimed as a matter of right. Providing of Ex-Servicemen quota does not fall under the rule of reservation. Such priority categories are decided by the Government, based on certain criterias and considering the job profile and other aspects https://hcservices.ecourts.gov.in/hcservices/
of the matter. However, the priority category or quota can never be claimed as a matter of right by the candidates, who are all aspiring to seek an employment for the post of B.T. Assistants or otherwise. 4.This being the principles to be followed, the writ petitioner cannot seek any quota by filing a Writ Petition and providing of such category is a policy decision to be taken by the Government, considering the job profile, nature of duties and responsibilities and other aspects of the matter.
5.However, it is brought to the notice of this Court that the recruitment had already been completed and the selected persons were already appointed as B.T. Assistants. Under these circumstances, this Court is not inclined to consider the relief as such sought for in the present Writ Petition.
6.Accordingly, this Writ Petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CO) / True Copy / Sub Assistant Registrar(CS- ) To 1.The Principal Secretary to Government, School Education Department, St.George Fort, Secretariat, Chennai.
2. The Member Secretary, Teachers Recruitment Board, 4th Floor, DPI Campus, College Road, Chennai.
+1 CC to M/s.SPL GP ( SR-73981[F] dated 08/07/2019 ) W.P.(MD) No.14836 of 2014 05.07.2019 AM ES/23.07.2019/2P/4C https://hcservices.ecourts.gov.in/hcservices/