Savithiri K, v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.01.2015

CORAM:

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P.(MD) No.16475 of 2014 and M.P(MD) Nos.1 and 2 of 2014 K. Savithiri : Petitioner Vs.

1. The State of Tamil Nadu, rep. by its Principal Secretary, Department of School Education, Fort. St. George, Chennai -09

2. The Joint Director, (Higher Secondary Education) Chennai - 06

3. The Headmaster, Government Girls Higher Secondary School, Cumbam, Theni District

4. The Secretary, Teachers Recruitment Board, EVK Sampath Maligai, DPI Compound, College Road, Chennai - 06 : Respondents Prayer: This Writ Petition is filed under Article 226 of Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned order in Na.Ka.No.68696/W3/E2/2014 dated 24.09.2014 on the file of the 2nd respondent and the consequential order of relieving in Na.Ka.No.231/2014, dated 24.09.2014 on the file of the 3rd respondent and quash the same as illegal and consequently to retain the petitioner in the post of Post Graduate Assistant in Commerce at the 3rd respondent School in accordance with the Appointment oder dated 30.08.2014 issued by the 2nd respondent.

For Petitioner : Mr.S.Louis for Mr.T.Lajapathi Roy For Respondents : Mr.S.Kumar Additional Government Pleader

O R D E R

The petitioner is aggrieved against the order dated 24.09.2014 issued by the second respondent and the consequential order dated 24.09.2014 issued by the third respondent, through which, the petitioner's appointment to the post of Post Graduate Assistant in Commerce was cancelled.

2. The case of the petitioner is as follows:- The petitioner studied B.A., and M.A., in Commerce and also completed B.Ed., Degree in Commerce in regular course of study. She got enrolled herself with the Employment Exchange. The second respondent issued a notification on 09.05.2013, inviting applications for direct recruitment to the vacancies for the post of Post Graduate Assistants. The petitioner applied for the same and in pursuant to the written examination, the second respondent published the result and consequently, the petitioner was called for certificate verification under BC Women Category. Pursuant to the certificate verification, she was issued with an appointment order on 30.08.2014, appointing her to the post of Post Graduate Assistant in Commerce at Government Higher Secondary School, Kambam, Theni District.

She joined duty on 18.09.2014 under the third respondent School and while so, the impugned order dated 24.09.2014, cancelling her appointment, was issued, without any notice to the petitioner. The consequential order relieving her from duty also came to be passed on 24.09.2014. Challenging those proceedings, the present Writ Petition is filed mainly on the reason that the same were passed without following the Principles of Natural Justice.

3. Counter-affidavit is filed, justifying the impugned orders on the reason that the appointment given to the petitioner was due to mistake, since, on re-verification of the General Merit List and Provisional selection list, it was found that a candidate, namely P.Manimegalai, who secured a total mark of 107 and belongs to Backward Class Community, was inadvertently omitted to be selected in the post. Therefore, to rectify the said mistake, the Board decided to cancel the provisional selection given to the petitioner.

4. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents and perused the materials placed before this Court.

5. It is not in dispute that in pursuant to the advertisement issued by the second respondent, the petitioner applied for the post of Post Graduate Assistant in Commerce and got selected and issued with an appointment order on 30.08.2014. It is also not in dispute that the petitioner joined duty on 18.09.2014 at the third respondent school. After ten days, the impugned orders came to be passed cancelling the appointment.

6. Admittedly, there was no notice issued to the petitioner before passing the impugned orders. Needless to say that cancelling the oder of appointment causes a civil consequences and, therefore, such order cannot be passed without following the Principles of Natural Justice.

7. Considering the fact that the impugned orders were passed without affording an opportunity of hearing to the petitioner, this Court is of the view that the impugned orders cannot be sustained, only on the ground of violation of principles of natural justice.

8. Accordingly, the Writ Petition is allowed and the impugned orders are set aside and the matter is remitted back to the second respondent to pass fresh orders on merits and in accordance with law, after affording an opportunity of hearing to the petitioner. Such

exercise shall be done by the second respondent, within a period of four weeks from the date of receipt of a copy of this order. Consequently, connected Miscellaneous Petitions are closed. No costs. Sd/- Assistant Registrar \\True copy\\ Sub Assistant Registrar To

1. The Principal Secretary to the Govt.of Tamil Nadu, Department of School Education, Fort. St. George, Chennai -09

2. The Joint Director, (Higher Secondary Education) Chennai - 06

3. The Headmaster, Government Girls Higher Secondary School, Cumbam, Theni District

4. The Secretary, Teachers Recruitment Board, EVK Sampath Maligai, DPI Compound, College Road, Chennai - 06 +1 CC TO M/S.T.LAJAPATHI ROY, ADVOCATE SR.NO.3372 +1 CC TO THE SPL.GOVT.PLEADER SR.NO.3490 W.P.(MD) No.16475 of 2014 and M.P(MD) Nos.1 and 2 of 2014 23.01.2015 TRP NA/28/01/2015/P3/7C