V. Balamurugan, v. The State Of Tamilnadu,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.07.2019
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD)No.10079 of 2015 and M.P.(MD).Nos. 1 and 2 of 2015 V.Balamurugan ... Petitioner Vs.
1.The State of Tamil Nadu, Rep by its Secretary, Department of School Education, Fort St.George, Chennai-600 009.
2.The Teachers Recruitment Board, Rep by its Member Secretary, Ivth Floor, EVK Sampath Maligai, DPI Compound, College Road, Chennai-600 006.
3.The District Employment Officer, Virudhunagar, Virudhunagar District.
... Respondents PRAYER: Writ Petition under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent No.3 to sponsor the petitioner under Land Loser Category to enable to the petitioner to be selected for the post of Computer Instructor by the respondent No.2 within the time stipulated by this Court. For Petitioners : Mr.T.Lajapathi Roy For Respondents : Mr.V.R.Shanmuganathan Spl. Government Pleader
ORDER
The relief sought for in the present writ petition is for a direction to direct the third respondent to sponsor the name of the writ petitioner under the Land Loser Category enabling the writ petitioner to be selected for the post of Computer Instructor by the second respondent.
2.The learned counsel for the writ petitioner made a submission
that the name of the writ petitioner was improperly placed in the list of Land Loser Category. Therefore, his name was not sponsored for appointment to the post of Computer Instructor. 3.The writ petitioner is bound to verify the entries made in the employment exchange with reference to the Land Loser Certificate issued to him. Such a verification is to be done by the writ petitioner himself by approaching the District Employment Officer concerned. As far as entries in the District Employment Office is concerned, it is the duty of the writ petitioner to verify and made corrections if any required.
4.The learned Special Government Pleader as well as the learned counsel appearing on behalf of the Teachers Recruitment Board reiterated that no appointment can be made to the post of Computer Operator in the Education Department under the Land Looser Category. In other words, the persons falling under the Land Loser Category is not provided with any quota in the Education Department, more specifically, to the Teaching post.
5.The learned counsel for the writ petitioner made a submission that the case of the writ petitioner shall be considered in any one of the suitable post for appointment under the Land Loser Category. In this regard, the respondents are directed to verify the correctness or otherwise of the entries made in respect of the appointment of the writ petitioner under the Land Loser Category and if the entries are made properly, then his case is to be considered strictly in accordance with the terms and conditions, Government Orders and the rules applicable to the Land Loser category. 6.With these observation, this writ petition stands disposed of. No costs. Consequently, the connected miscellaneous petitions are closed.
Sd/- Assistant Registrar(AS) /TRUE COPY/ Sub Assistant Registrar To 1.The Secretary, State of Tamil Nadu, Department of School Education, Fort St.George, Chennai-600 009.
2.The Teachers Recruitment Board, Rep by its Member Secretary, Ivth Floor, EVK Sampath Maligai, DPI Compound, College Road, Chennai-600 006.
3.The District Employment Officer, Virudhunagar, Virudhunagar District.
+1 CC to M/s.T.LAJAPATHI ROY, Advocate ( SR-76527[F] dated 22/07/2019 ) W.P.(MD)No.10079 of 2015 and M.P.(MD).Nos. 1 and 2 of 2015 18.07.2019 NS JM/01.08.2019/3P-5C