A. Dheepa v. Teachers Recruitment Board

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.09.2019

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI and W.M.P.(MD)Nos.16456 and 16459 of 2019 A.Dheepa ... Petitioner -Vs1.Teachers Recruitment Board, Represented by its Secretary, IVth Floor, Sampath Maligai, D.P.I.Compound, College Road, Chennai-600 006.

2.The Director of School Education, DPI Campus, Chennai-6.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondent No.1 to grant one additional weightage mark for employment registration seniority to the petitioner and appoint the petitioner in the post of Special Teacher (Physical Education) in any of the existing unfilled vacancy under General Turn or BC (women) category on the basis of the total marks secured by the petitioner, within the time period stipulated by this Court.

For Petitioner : Mr.T.Lajapathi Roy For R1 : Mr.V.R.Shanmuganathan, Special Government Pleader.

For R2 : Mr.A.Thiagarajan, Government Advocate.

ORDER

Heard Mr.T.Lajapathi Roy learned counsel appearing on behalf of the petitioner, Mr.V.R.Shanmuganathan, learned Special Government Pleader and Mr.A.Thiagarajan, learned Government Advocate, who takes notice on behalf of the respondents.

2.By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself. 3.This Writ Petition is filed for a direction to direct the first respondent to grant one additional weightage mark for employment registration seniority to the petitioner and appoint the petitioner in the post of Special Teacher (Physical Education) in any of the existing unfilled vacancy under General Turn or BC (women) category on the basis of the total marks secured by the petitioner.

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4.According to the petitioner, she applied for the post of Special Teachers (Physical Education), pursuant to the notification issued by the first respondent, dated 26.07.2017. The scheme of examination is written examination for 95 marks and 5 marks for employment seniority.

The petitioner participated in the examination and secured 79 marks out of 95 marks. In respect of the employment registration seniority weightage, the petitioner is entitled for two marks. However, she was awarded only one mark. Therefore, the petitioner gave a representation, dated 29.08.2019 to the respondents. However, no order was passed thereon. Hence, the petitioner has come out with the present Writ Petition. 5.The learned Special Government Pleader appearing on behalf of the first respondent submitted that the petitioner's seniority is only 3 years. Therefore, one mark was awarded to the petitioner for employment seniority. The petitioner is not entitled for two marks. As per the notification, her request will be considered. 6.

Considering the rival submissions made by the learned counsel for the petitioner and the learned Special Government Pleader for the first respondent, without deciding the issue on merits, this Court is inclined to direct the first respondent to pass orders on the representation of the petitioner, dated 29.08.2019, on merits and in accordance with law, within a period of twelve (12) weeks from the date of receipt of a copy of this order. 7.With the above direction, this Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (AS) // True Copy // Sub Assistant Registrar(CS) Myr To 1.The Secretary, Teachers Recruitment Board, IVth Floor, Sampath Maligai, D.P.I.Compound, College Road, Chennai-600 006.

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2.The Director of School Education, DPI Campus, Chennai-6.

+1 CC to M/s.T.LAJAPATHY ROY, Advocate ( SR-87330[F] dated 18/09/2019 ) +1 CC to M/s.SPL GP ( SR-87535[F] dated 18/09/2019 ) W.P.(MD)No.19951 of 2019 17.09.2019 KK/SAR/03.10.2019/3P-5C/ 3/3