Madras High CourtWP(MD)/18726/2017disposed of

K.Venkatesh, S/O.Karunan v. Government Of Tamil Nadu Rep.

2019-02-27Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.02.2019

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN WP(MD)No. 18726 of 2017 K. Venkatesh ... Petitioner Vs.

1.Government of Tamil Nadu rep. by the Secretary to Government, Department of School Education, Fort. St. George, Chennai - 9.

2.The Chairman, Teacher Recruitment Board, 4th Floor, EVK Sampath Maligai, College Road, Chennai - 6 ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents to give the relaxation for the BC, MBC candidates from getting the minimum qualifying marks of 50% of 150 marks in the written examination for the post of Post Graduate Assistant / Physical Education Grade - I, the examination was held on 02.07.2017 considering the ratio laid down by the Hon'ble Apex Court in Civil Appeal No.10700 of 2016 by considering his representation dated 18.09.2017.

For Petitioner : Mr. M. Ramu For Respondents.

: Mr. V.R. Shanmuganathan Special Government Pleader

ORDER

This writ petition has been filed seeking relaxation in the written examination for the post of Graduate Assistant / Physical Education Grade - I, by considering the ratio laid down by the Hon'ble Apex Court in Civil Appeal No.10700 of 2016 and also his representation dated 18.09.2017.

2. The petitioner, who attended the Written examination for the post of Post Graduate Assistant / Physical Education Director Grade -I in School Education and other Departments for the year 2016-2017 as per the Notification No.3 of 2017 issued by the second respondent, sent a representation dated 18.09.2017 to the respondents seeking relaxation of the marks as per G.O.No.25 of 2014, which was upheld by the Hon'ble Supreme Court in Civil Appeal No.10700 of 2016 and since the same has not been considered, the petitioner is before this Court.

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3. The learned Special Government Pleader appearing for the respondents agreed for considering the representation of the petitioner dated 18.09.2017, within the time stipulated by this Court.

4. Considering the limited scope of the prayer sought for in this petition, this Court, without going into the merits of the case, directs the respondents to consider the petitioner's representation dated 18.09.2017 on merits and in accordance with law and pass necessary orders after affording due opportunity of hearing to the petitioner, within a period of six weeks from the date of receipt of a copy of this order.

5.With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar(CS- ) To 1.Government of Tamil Nadu rep. by the Secretary to Government, Department of School Education, Fort. St. George, Chennai - 9.

2.The Chairman, Teacher Recruitment Board, 4th Floor, EVK Sampath Maligai, College Road, Chennai - 6 +1 CC to M/s.M.RAMU, Advocate ( SR-50321[F] dated 27/02/2019 ) ORDER MADE IN WP(MD)No. 18726 of 2017 27.02.2019 SP-05.04.2019/2P-4C https://hcservices.ecourts.gov.in/hcservices/