A. Pandi Selvi v. G. Latha

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.01.2022

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI in W.P(MD)No.2479 of 2020 A.Pandi Selvi ... Petitioner/Petitioner vs.

1.G.Latha, I.A.S., The Chairman, Teachers Recruitment Board, 4th Floor, EVK Sampath Maligai, College Road, Chennai - 6.

2.Sethuramavarma, Member Secretary, Teachers Recruitment Board, 4th Floor, EVK Sampath Maligai, College Road,Chennai - 6.

3.Kannappan, The Director of School Education, DPI Compound, College Road, Chennai.

... Contemnors/Respondents PRAYER: Petition filed under Section 11 of the Contempt of Courts Act, to punish the respondent for the deliberate and willful disobedience of the order dated 16.03.2020 passed by this Court in W.P(MD)No.2479 of 2020.

Prayer in WP(MD). 2479/ 2020 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court Direct the 2nd respondent to select the petitioner for appointment to the post of PG Assistant (Tamil) in conformity with the order dated 23.1.2020 made in WP(MD). No.25427/2019 on the file of this Honourable Court and consequently to direct the 4th respondent to appoint the petitioner as PG Assistant (Tamil) within the period that may be stipulated by this Honourable Court.

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For Petitioner : Mr.H.Mohammed Imran For Respondents : Mr.V.R.Shanmuganathan Nos.1 and 2 For Respondent : Mr.G.V.Vairam Santhosh No.3 Additional Government Pleader

ORDER

Alleging non compliance of the order dated 16.03.2020, this contempt petition has been filed.

2.This Court by order dated 16.03.2020 disposed of the writ petition in W.P(MD)No.2479 of 2020 as follows: "9. ... ... ... In fact, the petitioner should not have been driven to this court seeking for permission to participate in the counselling. The earlier orders passed by this Court gives a right to the petitioner to participate in the counselling. The candidature of the petitioner will have to be considered for selection by virtue of the earlier orders passed by this Court. Therefore, the third and fourth respondents are directed to proceed further with the selection of the petitioner and issue appointment order, if she has otherwise qualified in the selection, within a period of four weeks from the date of receipt of a copy of this order. This can be made subject to the result of the writ appeal, which is in the process of being filed by the third respondent."

3.The learned Standing Counsel appearing for the respondents 1 and 2 submits that the Teachers Recruitment Board has revised the provisional selection list released on 20.11.2019 for appointment to the Post Graduate Assistants, Botany, Geography and the list published on 03.01.2020 for appointment to the Post Graduate Assistants, Mathematics and published a fresh list on 10.11.2021. As per the fresh list the petitioner has been selected and this list has been sent to the School Education Department and they have to issue necessary appointment orders. He has also produced a copy of the proceedings in R.C.No.3644/E6/2021, dated 10.11.2021 issued by the Teachers Recruitment Board.

4.The learned Counsel for the petitioner disputed that the petitioner has not received any communication from the respondents so far.

5.Though the respondents claim that the order of this Court has been complied with, the petitioner has not been provided with any appointment order so far.

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6.In view of the above, the contempt petition is closed with a direction to the third respondent to issue appointment order to the petitioner in view of the proceedings of the Teachers Recruitment Board in R.C.No.3644/E6/2021, dated 10.11.2021, within a period of four weeks from the date of receipt of a copy of this order. Sd/- Assistant Registrar (CSIII) // True Copy // / /2022 Sub Assistant Registrar(CS) dsk To 1.G.Latha The Chairman, Teachers Recruitment Board, 4th Floor, EVK Sampath Maligai, College Road, Chennai - 6.

2.Sethuramavarma, The Member Secretary, Teachers Recruitment Board, 4th Floor, EVK Sampath Maligai, College Road,Chennai - 6.

3.Kannappan, The Director of School Education, DPI Compound, College Road, Chennai.

+1 CC to M/s.SPL.GP ( SR-3131[F] dated 31/01/2022 ) ORDER MADE IN in W.P(MD)No.2479 of 2020 28.01.2022 PKP/03.03.2022/3P/5C 3/3