P.Sankar, S/O.Ponniah, v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.06.2019
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.(MD)No.287 of 2016 and W.M.P.(MD)Nos.224 & 225 of 2016 P.Sankar .. Petitioner Vs.
1.The State of Tamil Nadu, Rep. by its Secretary, Department of School Education, Fort St. George, Chennai - 9.
2.The Director of School Education, DPI Compound, College Road, Nungambakkam, Chennai - 600 006.
3.The Principal Secretary/State Project Director, Sarva Shiksha Abiyan (SSA), Nungambakkam, Chennai - 600 006.
4.The Chairman-cum-Chief Educational Officer, Office of Chief Education Officer, Dindigul District, Dindigul.
.. Respondents Petition is filed under Article 226 of the Constitution of India seeking for issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order dated 15.05.2015, passed by the fourth respondent in his proceedings in Na.Ka.No.941/Aa2/2015, quash the same as illegal and consequently, direct the fourth respondent herein to appoint the petitioner herein as Part Time Instructor in Health and Physical Education in Dindigul District, in the light of G.O.(Ms)No.177, School Education (C2) Department, dated 11.11.2011.
For Petitioner : Mr.J.Lawrance For Respondents : Mrs.S.Srimathy Special Government Pleader
O R D E R
This Writ Petition has been filed seeking for issuance of a Writ of Certiorarified Mandamus, to quash the impugned order dated 15.05.2015, passed by the fourth respondent, in his proceedings in Na.Ka.No.941/Aa2/2015 and consequently, direct the fourth respondent herein to appoint the petitioner herein as Part Time Instructor in Health and Physical Education in Dindigul District, in the light of G.O.(Ms)No.177, School Education (C2) Department, dated 11.11.2011. 2.The fourth respondent has filed counter affidavit stating that the first selected Schedule Caste candidate was awarded 37 marks and the last i.e., 25th candidate was awarded 26 marks, but the petitioner scored 21 marks only, thus, he had failed to score the cut-off marks in his category and therefore, he is ineligible to be selected to the post of Part Time Instructor. 3.
Considering the said statement made in the counter affidavit filed by the fourth respondent that the petitioner has not secured the cut-off marks for the post of Part Time Instructor and no ground is made out to interfere with the impugned order, recording the above said statement made in the counter affidavit, this Writ Petition fails and accordingly, it is dismissed. No costs. Consequently, connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar (AD-II) / True Copy / Sub Assistant Registrar(CS- ) smn2 To 1.The Secretary to Government of Tamil Nadu, Department of School Education, Fort St. George, Chennai - 9.
2.The Director of School Education, DPI Compound, College Road, Nungambakkam, Chennai - 600 006.
3.The Principal Secretary/State Project Director, Sarva Shiksha Abiyan (SSA), Nungambakkam, Chennai - 600 006.
4.The Chairman-cum-Chief Educational Officer, Office of Chief Education Officer, Dindigul District, Dindigul.
+1 CC to M/s.SPL GP ( SR-67993[F] dated 11/06/2019 ) W.P.(MD) No.287 of 2016 10.06.2019 ES/21.06.2019/3P/6C