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Madras High CourtWP(MD)/14743/2024disposed of

Nathiya .M v. The State Of Tamil Nadu

2024-07-04Honourable Ms Justice R.N.Manjula6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 04/07/2024

CORAM

The Hon`ble Ms.Justice R.N.MANJULA and WMP(MD) No.12932/2024

1. Nathiya .M,

2. Dhinega C,

3. Kannigaparameswari A, ... Petitioners Vs

1. The State of Tamil Nadu, Rep. by its Secretary, School Education Department, Secretariat, Chennai..

2. The Chairman, Teachers Recruitment Board, 3rd and 4th Floor, Puratchi Thalaivar Dr.Mgr Centenary Building, Dpi Campus,College Road,Chennai - 6..

3. The Member Secretary, Teachers Recruitment Board, 3rd and 4th Floor, Puratchi Thalaivar Dr.Mgr Centenary Building, Dpi Campus, College Road, Chennai - 6..

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4. The Director of School Education, Dpi Campus, College Road, Chennai - 600 006..

... Respondents PRAYER :-Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to direct the respondents to consider the candidates who are qualified with B.Ed preceded with same discipline as that of degree (Under Graduate) for recruitment to the post of B.T.Assistant in the concerned discipline (Subject) in pursuant to the notification issued by the 2nd respondent vide Notification No. 03/2023 dated 25.10.2023 within the period stipulated by this Court.

For Petitioner : M/s. S.Mohammed Suhail For M/s.Ajmal Associates, For Respondent : Mr.M.Siddharthan for R1 & R4 Special Government Pleader Mr.VR.Shanmuganathan for R2 & R3

ORDER

By consent, the writ petition itself is taken up for final disposal at the admission stage itself.

2.Heard Mr.Mohammed Suhail. Learned counsel for the petitioner, learned Special Government Pleader for the respondents 1 and 4 and the 2/6

learned counsel for the respondents 2 and 3.

3.The petitioners have filed this writ petition for a Mandamus to direct the respondents to consider the candidates, who are qualified with B.Ed preceded with same discipline as that of the same degree (Under Graduate) for recruitment to the post of B.T.Assistant in the concerned discipline (Subject) in pursuant to the notification issued by the 2nd respondent vide Notification No. 03/2023 dated 25.10.2023 within the period stipulated by this Court.

4. The learned counsel for the petitioners submitted that the petitioners, who are qualified to be appointed to the post of B.T.Assistants have applied to the said post pursuant to the notification dated 25.10.2023. He submitted that the petitioners, who are eligible candidates, have also been called for certificate verification. However, he submitted that in the list released for certificate verification for recruitment to the post of Graduate Assistants/BRTEs, certain persons, who do not have the required educational qualifications have also been included.

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5. The petitioners have filed this petition on the assumption that some of the persons known in the list do not have the required educational qualifications as prescribed in the notification. It is for the second and third respondents to take a call while verifying the certificates to ensure whether any candidates appear for certificate verification do fulfil the required criteria of educational qualifications by possessing the necessary certificates pertaining to the said qualifications.

6. During the verification, if some of the candidates do not possess the eligible educational qualifications are rejected, then, it is quite possible that the list might move forward. Since the exercise has not yet been done, it is for the 2nd respondent to affirm, whether the candidates called for certificate verification, possess the required educational qualifications along with the certificates. In fact, in the writ petition, none of the individuals, who alleged to have got a different educational qualifications, but placed in the list have been impleaded. In their absence and without subtracting the above contention, the petitioners cannot maintain the writ petition on mere surmises. However, it is 4/6

emphasized that the third respondent shall ensure while certificate verification that only those persons, who have possessed the required qualifications along with certificates, are considered for appointment.

7. The writ petition is disposed of with a direction to the third respondent to ensure during the course of certificate verification that only those persons, who possessed the required qualifications along with certificates, are considered for appointment. No costs. Consequently connected Miscellaneous Petition is closed.

04.07.2024 RR TO 1.The Secretary, School Education Department, Secretariat, Chennai..

2. The Chairman, Teachers Recruitment Board, 3rd and 4th Floor, Puratchi Thalaivar Dr.Mgr Centenary Building, Dpi Campus,College Road,Chennai - 6..

3. The Director of School Education, Dpi Campus,College Road, Chennai - 600 006..

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R.N.MANJULA,J RR

ORDER

IN WP(MD) No.14743 of 2024 Date : 04/07/2024 6/6