The Teachers Recruitment Board v. P.Elangovan
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.06.2017
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.A.[MD].Nos.822 and 823 of 2017 and CMP(MD)Nos.5681 and 5682 of 2017 The Teachers Recruitment Board, Rep. by its Member Secretary, E.V.K.Sampath Maligai, College Road,Chennai.
: Appellant/1st Respondent in both appeals Vs.
1.P.Elangovan : 1st Respondent in W.A.(MD) No.822 of 2017/ writ petitioner in WP 11771/10 2.S.Marimuthu : 1st Respondent in W.A.(MD) No.823 of 2017 writ petitioner in WP11800/10 3.The District Employment Officer, O/o. District Employment Office, Theni District, Theni.
: 2ndRespondent/2ndRespondent in both appeals COMMON PRAYER: Writ Appeals are filed under Clause 15 of the Letters Patent, against the order of this Court in W.P.(MD) Nos.11771 and 11800 of 2010 on the file of this Court dated 02.12.2014.
Prayer in WP(MD). 11771/ 2010 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a WRIT OF CERTIORARIFIED MANDAMUS, calling for the records relating to the impugned order dated Nil issued by the 1st respondent and quash the same as illegal and consequently to direct the 1st respondent to consider the petitioner for appointment to the Post of Graduate Assistant (Tamil) for 2009 - 2010 taking into account of his employment registration seniority.
Prayer in WP(MD). 11800/ 2010 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a WRIT OF CERTIORARIFIED MANDAMUS, calling for the records relating to the impugned order dated Nil issued by the 1st Respondent and quash the same as illegal and consequentially to direct the 1st Respondent to consider the petitioner for appointment to the post of Graduate Assistant (Tamil) for 2009-2010 taking into account of his Employment Registration seniority.
For Appellant in both : Mr.V.Muruganantham petitions Additional Government Pleader For 1st Respondent in both : Mr.M.Ajmal Khan appeal Senior Counsel for M/s.Ajmal Associates COMMOM JUDGMENT ************************* [Judgment of the Court was made T.S.SIVAGNANAM, J.] Heard Mr.V.Muruganantham, learned Additional Government Pleader appearing for the appellant and Mr.M.Ajmal Khan,learned Senior Counsel appearing for the 1st respondent.
2. By consent of either side, these writ appeals are taken up for final disposal at the stage of admission.
3. These appeals are directed against the order passed in W.P. (MD)Nos.11771 and 11800 of 2010 on the file of this Court dated 02.12.2014.
4.The issue that arose for consideration is whether the 1st respondent / writ petitioners, who did not acquire the required qualification on the cut of date fixed by the appellant board, but, had acquired and registered the said qualification on the date when the list was called for from the appellant board for selection, are eligible to be considered for selection as Graduate Assistants.
5.The Writ Court took into consideration an earlier order passed by this Court in P.Baskaran Vs. Teachers Recruitment Board, represented by Member-Secretary (2014) 6 MLJ 232 and also the case of one Ramasubbu, who was also a similarly placed person as that of the 1st respondent/writ petitioners, who did not possess the requisite qualification on the cut of date but acquired the required qualification on the date when the list was sponsored by the appellant.
6.It is pointed out by the learned Additional Government Pleader appearing for the appellant that the said Ramasubbu was considered for selection under a different category as he belongs to Scheduled Cast Community.
7.However, the question is whether Ramasubbu could have been considered when he did not have the requisite qualification as on the cut of date, namely, 23.08.1994, but only acquired the qualification only in April, 2006. This alone is the point to be considered and not the category under which the said candidate was selected. Thus, the view taken by the learned Single Judge following an earlier decision does not call for any interference.
8.For the above reasons, these Writ Appeals fail and are dismissed. No costs. Consequently, connected Miscellaneous Petitions are also dismissed.
Sd/- Assistant Registrar(Crl side ) / True Copy / Sub Assistant Registrar(C.S.) To 1.The Member Secretary, Teachers Recruitment Board, E.V.K.Sampath Maligai College Road,Chennai.
2.The District Employment Officer, O/o. District Employment Office, Theni District, Theni.
+2ccs to M/S.AJMAL ASSOCIATES, Advocate SR.Nos.62549&62550 +1cc to Special Government Pleader, SR.No. 62845 sj MAS/MR-KKR/SAR2:12.07.2017:3P-6C JUDGMENT MADE IN W.A.[MD].Nos.822 and 823 of 2017 and CMP(MD)Nos.5681 and 5682 of 2017 29.06.2017