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Madras High CourtWP(MD)/16436/2014disposed of

M.Meena Devi, v. Teacher Recruitment Board,

2020-10-09Honourable Mr Justice S.M. Subramaniam3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.10.2020

CORAM

THE HONOURABLE MR.JUSTICE S.M. SUBRAMANIAM and M.P.(MD)No.1 of 2014 M.Meena Devi ... Petitioner Vs.

1.Teacher Recruitment Board, Rep by its Secretary, EVK Sampath Maaligai, 4th floor, DPI Compound, College Road, Chetpet, Chennai-600006.

2.The Director of Elementary Education, O/o. the Director of Elementary Education, College Road, Nungabakkam,Chennai-6.

3.The District Elementary Educational Officer, O/o.the District Elementary Educational Officer, Theni District. ... Respondents Prayer : Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the respondent No.2 to permit the petitioner to join in the post of Secondary Grade Teacher at Periabethalapal Government School, Veppanapalli Union, Krishnagiri District or in any other vacant place within the time period stipulated by this Court. For Petitioner : Mrs.Akilandeswari, for M/S T.Lajapathy Roy For R1 : Mr.VR.Shanmuganathan For R2 & R3 : Mrs.S.Srimathy, Special Government Pleader.

ORDER

The relief sought for in this writ petition is for a direction to direct the second respondent to permit the petitioner to join in the post of Secondary Grade Teacher at Periabethalapal Government School, Veppanapalli Union, Krishnagiri District or in any other vacant place.

2.The learned counsel appearing on behalf of the petitioner made a submissions that the writ petitioner was selected and order of selection was issued by the Director of Elementary Education on 11.01.2013. The order of selection was enclosed and page No.7 of the typed-set of papers reveals that the petitioner was selected and order of selection was issued in her favour. 1/3

3.The grievance of the petitioner is that she could not able to participate the counseling session, which was conducted by the authorities on 11.12.2012. In view of the fact that the petitioner did not participate in the counseling, no joining order was issued for the post of Secondary Grade Teacher. 4.The learned counsel appearing on behalf of the petitioner made a submission that if any candidate is unable to participate in the counseling sessions, an opportunity is to be given by the authorities by granting time, in view of the fact that she was already selected and an order of selection was issued by the authorities on 11.01.2013.

5.The writ petitioner approached the second respondent in person and submitted representation on 03.04.2014 and 13.09.2014. However, she has not received any reply from the respondent and she filed this writ petition in the year 2014. 6.This Court is of the considered opinion that this writ petition is pending before this Court for about past six years. The writ petitioner has approached this Court after giving representations to the respondents. The respondents atleast during the pendency of this writ petition, ought to have issued orders communicating the stand of the Department to the writ petitioner. However, no reply has been received by the petitioner so far.

7.This being the factum, the second respondent is directed to consider the representations submitted by the writ petitioner on 03.04.2014 and 13.09.2014 and pass orders 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. The writ petitioner is directed to enclose the copy of the representations and all other relevant documents along with the order passed in this writ petition and produce the same before the respondents herein. 8.With the above directions, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) 2/3

gns Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.Teacher Recruitment Board, Rep by its Secretary, EVK Sampath Maaligai, 4th floor, DPI Compound, College Road, Chetpet, Chennai-600006.

2.The Director of Elementary Education, O/o. the Director of Elementary Education, College Road, Nungabakkam, Chennai-6.

3.The District Elementary Educational Officer, O/o.the District Elementary Educational Officer, Theni District.

+1 CC to SGP ( SR-19740[F] dated 12/10/2020 ) +1 CC to Mr.T. LAJAPATHI ROY, Advocate ( SR-19864[F] dated 13/10/2020 ) 09.10.2020 SSS(CO) KM (20.10.2020) 3P 6C 3/3