R. Ispadhas v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.07.2019
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD)No.16628 of 2014 and M.P.(MD)No.1 of 2014 R.Ispadhas ... Petitioner -Vs1.The State of Tamil Nadu, Represented by its Secretary, Department of School Education, Fort St. George, Chennai-09.
2.The Director of School Education, 3.The Director of Elementary Education, 4.The Teachers Recruitment Board, Represented by its Member-Secretary, 4th Floor, EVK Sampath Malikai, College Road, Chennai-06.
...Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the impugned notification / advertisement No.02/2014 vide proceeding dated 14.07.2014 and 25.08.2014 issued by the fourth respondent so far as it restricts the Ex-Servicemen Quota for appointment to the posts of B.T. Assistant under the Priority category and the consequential final selection list released by the fourth respondent Teachers Recruitment Board dated 23.08.2014 quash the same and further direct the first respondent State Government and the fourth respondent Teachers Recruitment Board to select the candidates based on G.O.Ms.No.188, dated 28.12.1976 for the appointment to the posts of B.T. Assistant and consider the petitioner for appointment to such post.
For Petitioner : Mr.N.Dilip Kumar For R1 to R3 : Mrs.S.Srimathy, Special Government Pleader.
For R4 : Mr.V.R.Shanmuganathan, Special Government Pleader.
ORDER
The recruitment notifications dated 14.07.2014 and 25.08.2014 for appointment to the post of B.T. Assistants for the year 2012-13 are under challenge in the present Writ Petition. 2.The main contention of the writ petitioner is that Ex-Servicemen 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 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 (Records) // True Copy // Sub Assistant Registrar(CS) To 1.The Secretary, State of Tamil Nadu, Department of School Education, Fort St. George, Chennai-09.
2.The Director of School Education,
3.The Director of Elementary Education, 4.The Member-Secretary, Teachers Recruitment Board, 4th Floor, EVK Sampath Malikai, College Road, Chennai-06.
+1 CC to M/s.N.DILIP KUMAR, Advocate ( SR-73449[F] dated 04/07/2019 ) W.P(MD)No.16628 of 2014 MYR KK/SAR/18.07.2019/3P-6C