M.Suganya, v. The Chief Educational Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.08.2022

CORAM

THE HONOURABLE MR.JUSTICE M.S.RAMESH and W.M.P.(MD).No.8046 of 2019 M.Suganya .. Petitioner Vs.

The Chief Educational Officer, Virudhunagar District, Virudhunagar - 626 002.

... Respondent PRAYER : Writ petition filed under Article 226 of the Constitution of India to issue a writ of Certiorarified Mandamus, by calling the records of selection list made by the respondent as per notification, dated 22.04.2015 of Department of School Education and to quash the same as arbitrary, illegal unconstitutional and directing the respondent to make a fresh selection for the post of Lab Assistant in the schools of Virudhunagar District under RMSA Scheme and in consequent thereof direct the respondent to select the petitioner for the post of Lab Assistant in the School of Virudhunagar District under RMSA Scheme newly.

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For Petitioner : Mr.S.Ramasamy For Respondents : Mr.S.Shaji Bino Special Government Pleader

O R D E R

The petitioner is aggrieved against her non selection to the post of Lab Assistant in the Schools under Virudhunagar District, pursuant to the notification, dated 22.04.2015.

2.According to the petitioner, she had been in the waiting list of the Employment Exchange seniority for 7 years and 11 months and she has been awarded 8 marks for the employment seniority waiting period. Since two candidates namely Vimala and P.Malarvizhi, who are juniors to her and whose names have been in serial numbers 66 and 67 in the Provisional Selection List, were awarded 10 marks for their employment seniority waiting period, she is also entitled for such 10 marks. It is her further submission that 18 seats in serial Nos.31 to 48 have not been selected in general turn, out of total 154 seats as per Rule 22 of Tamil Nadu Subordinate Service Rules and if such Rule of reservation is applied, she would be entitled for appointment under SC general category.

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3. The learned Additional Government Pleader produced a list of provisional Selected Candidates, in which, it is seen that the two candidates referred by the petitioner namely M.Vimala and P.Malarvizhi were awarded 8 marks for their employment seniority and not 10 marks as claimed by the petitioner.

4. Insofar as the petitioner's claim that she has to be appointed in the SC general category is concerned, the counter affidavit filed by the respondents evidences that the petitioner has secured 123 marks, whereas, the cut off marks for the Scheduled Caste General Category is 124 marks. Apparently, the petitioner has not reached the marks for consideration. Hence, both the grounds raised by the petitioner does not require any consideration.

5. Accordingly, this writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed. 16.08.2022 Index : Yes / No Speaking Order/ Non Speaking Order TM 3/5

To 1.The Principal Chief Conservator of Forests, Panagal Building, Saidapet, Chennai - 15.

2.The Conservator of Forests, Dindigul Circle, Dindigul District.

3.The District Forest Officer, Chief Plantation Project, Karur.

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M.S.RAMESH,J.

TM 16.08.2022 5/5