Sreeja B v. Assistant Commissioner Office

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.07.2024

CORAM:

THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P.(MD)No.15394 of 2024 & W.M.P.(MD)No.13494 of 2024 B.Sreeja ... Petitioner vs.

1.Assistant Commissioner of Office, Hindu Religious and Charitable Endowment, 7, Kurutheru Road, Meenakshmipuram, Vadiveeswaram, Ramar Colony, Nagercoil, Tamilnadu - 629 001. 2.The Secretary, Sree Devi Kumari Women's College, Kulithurai, Kanyakumari District.

3.The Principal Sree Devi Kumari Women's College, Kulithurai, Kanyakumari District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to permit the petitioner to attend the interview for the post of Assistant Professor in Malayalam conducted by the third respondent on 12.07.2024 based on the notification published in the daily news paper, application of the petitioner and the representation of the petitioner dated 20.12.2023. 1/6

For Petitioner :

Mr.Francis Xavier For Respondents :

Mr.P.Subbaraj Special Government Pleader for R1 Mr.R.Shankar Ganesh for R2 and R3

O R D E R

Heard Mr.Francis Xavier, learned counsel appearing for the petitioner, Mr.P.Subbaraj, learned Special Government Pleader appearing for the first respondent and Mr.R.Shankar Ganesh, learned counsel for the respondents 2 and 3.

2. The petitioner has filed this petition seeking to issue a Writ of Mandamus directing the respondents to permit her to attend the interview for the post of Assistant Professor in Malayalam to be conducted by the third respondent on 12.07.2024.

3. The petitioner has applied to the post of Assistant Professor in Malayalam in the third respondent College in response to their paper notification dated 05.12.2023. The petitioner has not been called upon for 2/6

the interview and hence, she did not know the outcome of the selection process. Hence, she has come up with this petition.

4. Mr.P.Subbaraj, learned Special Government Pleader appearing for the first respondent submitted that the post is reserved for Backward Class (BC) category and since the petitioner has given her Kerala address, she will not fall under the BC category in the State of Tamil Nadu.

5. Mr.Francis Xavier, learned counsel appearing for the petitioner submitted that the petitioner was a native of Tamil Nadu, but she had pursued her higher studies in Kerala.

6. However, to become BC candidate, the petitioner ought to have been recognized by the Government of Tamil Nadu as a person falling under BC category as per the notification issued by the Government of Tamil Nadu in this regard.

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7. Mr.R.Shankar Ganesh, learned counsel appearing for the respondents 2 and 3 submitted that since the petitioner belongs to the State of Kerala, her candidature can be considered only under general category and she cannot claim any priority under BC category. But, he did not have any serious objection in allowing the petitioner to participate in the interview subject to Rules governing her category for appointment in the State of Tamil Nadu.

8. In view of the same, the writ petition is disposed of and the respondents 2 and 3 are directed to send a call letter forthwith to the petitioner subject to conditions and allow her to participate in the interview scheduled to be held on 12.07.2024. No costs. Consequently, connected Miscellaneous Petition is closed.

10.07.2024 NCC: Yes/No Index : Yes/No Speaking/Non-Speaking order mbi Note: Registry is directed to issue order copy today i.e., 10.07.2024 4/6

To Assistant Commissioner of Office, Hindu Religious and Charitable Endowment, 7, Kurutheru Road, Meenakshmipuram, Vadiveeswaram, Ramar Colony, Nagercoil, Tamilnadu - 629 001.

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R.N.MANJULA, J.

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