Surendran v. The Member Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.08.2018

CORAM

THE HON'BLE MR.JUSTICE S.VAIDYANATHAN W.P.(MD) No.17656 of 2018 Surendran ... Petitioner Vs.

1.The Member Secretary, Teachers Recruitment Board, Chennai - 600 006.

2.The Deputy Director, District Employment Office, Virudhunagar and District.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus directing the first respondent to call for the Petitioner for the certificate verification for the post of Special Teacher which was held on 23.09.2017.

For Petitioner :

Mr.R.Murugappan For Respondent-1 : Mr.VR.Shanmuganathan Special Govt.Pleader For Respondent-2 :

Mr.R.Sethuraman Special Govt.Pleader

ORDER

The petitioner has come forward with this Writ Petition seeking a direction to the first respondent to call for the Petitioner for the certificate verification for the post of Special Teacher, which was held on 23.09.2017.

2.Mr.VR.Shanmuganathan, learned Special Government Pleader takes notice for the first respondent and Mr.R.Sethuraman, learned Special Government Pleader takes notice for the second respondent. By consent of both parties, the main Writ Petition is taken up for final disposal at the stage of admission itself.

3.The case of the Petitioner is that the Petitioner has registered his name in the Employment Exchange in the year 2003 and that the Petitioner being a Scheduled caste, has to be given additional five marks, in terms of weightage mark. The Petitioner has acquired 32 marks in the written examination held in respect of the direct recruitment for the post of Special Teachers for the year 2012- 2016 and the minimum cut-off mark for the scheduled caste candidates in that examination has been fixed as 35 marks. https://hcservices.ecourts.gov.in/hcservices/

Therefore, it is the grievance of the petitioner that if five marks is added, he would cross 35 marks, so as to be eligible for the post. 4.The learned Special Government Pleader appearing for the respondents would submit that it is true that there was an examination and in that, the Petitioner has secured 32 marks. It is only a preliminary examination and there is yet another examination scheduled to be conducted and no final decision has been taken with regard to the selection of candidates, as of now. He would further submit that granting or awarding of weightage marks to the candidates falling under the similar category would be considered on the basis of the notification that may be issued by the Government, at a later point of time.

5.At this stage, the learned counsel for the petitioner would submit he has already made a representation, dated 30.7.2018 to the first respondent and it would suffice if the said representation is considered and orders passed thereon.

6.In view of the submission, the first respondent is directed to consider the representation of the petitioner, dated 30.07.2018 and to pass appropriate orders on the same on merits and in accordance law and the relevant rules, as expeditiously as possible. If any final decision is taken by the authorities concerned, the same shall be communicated to the Petitioner forthwith.

7.With the above directions, the Writ Petition is disposed of. No costs.

Sd ASSISTANT REGISTRAR ( CS II) /TRUE COPY/ SUB ASSISTANT REGISTRAR vsn To:

1.The Member Secretary, Teachers Recruitment Board,Chennai - 600 006. 2.The Deputy Director, District Employment Office, Virudhunagar and District.

1CC TO MR. R. MURUGAPPAN, ADVOCATE, SR 77707 1CC TO The Special Government Pleader, SR 78133 ES RP SAR 3 / 28 8 2018 2P 5C W.P.(MD) No.17656 of 2018 09.08.2018 https://hcservices.ecourts.gov.in/hcservices/