D.Jagatheesh, v. The Chairman,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.03.2021
CORAM
THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P(MD)Nos.3926 and 7012 of 2019 1.D.Jagatheesh 2.R.Maheswari ... Petitioners (in W.P(MD)No.3926 of 2019) B.Manjari ... Petitioner (in W.P(MD)No.7012 of 2019) Vs 1.The Chairman, Teachers Recruitment Board, 4th Floor, EVK Sampath Maaligai, DPI Campus, College Road, Chennai - 600 006.
2.The Teachers Recruitment Board, Represented its Member Secretary, 4th Floor, EVK Sampath Maaligai, DPI Campus, College Road, Chennai - 600 006.
3.The Commissioner / Director, Department of Most Backward & Denotified Communities Welfare, Chennai - 600 005.
4.The Joint Director of Kallar Reclamation, Office of the Joint Director of Kallar Reclamation, Madurai - 20. ... Respondents in both petitions COMMON PRAYER:Writ Petitions filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents to appoint the petitioners in the post of Secondary Grade Teacher in any of the existing vacancy in Kallar Reclamation School in view of the selection list issued by the respondent No.2, dated 17.10.2014 with all consequential benefits within the time period stipulated by this Court.
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In both W.P.s For Petitioners : Mr.T.Lajapathi Roy For Respondent : Mr.V.R.Shanmuganathan, Nos.1 & 2 Standing Counsel For Respondent : Mr.A.Thiyagarajan, Nos.3 & 4 Government Advocate
ORDER
The petitioners herein had participated in the selection process conducted by the second respondent herein for the post of Secondary Grade Teachers in the Kallar Reclamation School and their names have also been included in the provisional section list dated 17.10.2014. Since the appointment orders have not been issued in their favour, the present writ petitions have been filed. The only reason assigned by the second respondent for non-issuance of the appointment orders is that there was an order of interim stay granted by this Court in W.P(MD)No.17454 of 2014 filed by one of the candidates.
2.Today this Court has passed an order in W.M.P(MD)No.1 of 2014 in W.P(MD)No.17454 of 2014 filed by one Mrs.T.Uthayarani, whereby, the interim order of stay was vacated and modified to the effect of one post of Secondary Grade Teacher in any of the BC & MBC Welfare Department schools can be kept vacant. As such there is no impediment on the part of the second respondent herein to propose the name of the petitioners herein for the purpose of issuance of appointment orders.
3.In the light of the above observations, a writ of mandamus is hereby issued to the second respondent herein directing them to include the petitioners' name in the final provision list and consequently, forward the same to the fourth respondent herein for the purpose of issuance of appointment orders. 4.The second respondent herein shall endeavour to forward the petitioners name at least within a period of four weeks from the date of receipt of a copy of this order.
5.These writ petitioners are allowed accordingly. No costs. Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) DSK 2/3
To 1.The Chairman, Teachers Recruitment Board, 4th Floor, EVK Sampath Maaligai, DPI Campus, College Road, Chennai - 600 006.
2.The Member Secretary, Teachers Recruitment Board, 4th Floor, EVK Sampath Maaligai, DPI Campus, College Road, Chennai - 600 006.
3.The Commissioner / Director, Department of Most Backward & Denotified Communities Welfare, Chennai - 600 005.
4.The Joint Director of Kallar Reclamation, Office of the Joint Director of Kallar Reclamation, Madurai - 20 .
+2 CC to Mr.T.LAJAPATHI ROY, Advocate (SR-9895[F] & SR-9897[F] dated 10/03/2021) +2CC to THE SPECIAL GOVERNMENT PLEADER(SR-10169[F] & SR-10177[F] dated 10/03/2021) Order made in W.P(MD)Nos.3926 and 7012 of 2019 09.03.2021 PM(CO) SRS (16/03/2021) 3P : 9C 3/3