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Madras High CourtWP(MD)/15289/2015dismissed

K. Ganesan v. The Member Secretary

2020-12-21Honourable Mr Justice S.M. Subramaniam3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.12.2020

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and M.P.(MD)No.1 of 2015 K.Ganesan

...Petitioner

Vs.

1.The Member Secretary, Teachers Recruitment Board, Chennai.

2.The Director of Collegiate Education, Chennai - 600 006.

...Respondents

PRAYER : Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records of the second respondent vide R.C.No.20560/D5/2015, dated 21.08.2015 informed that the Principal, Raja Duraisingh Government Arts College (Mens) Sivagangai and quash the same as illegal and arbitrary and in consequence thereof direct the second respondent to allow the petitioner to continue as an Assistant Professor (Mathematics) in Raja Duraisingh Government Arts College (Mens) Sivagangai.

For Petitioner : Mr.P.Ganapathi Subramanian For 1st Respondent : Mr.V.R.Shanmuganathan For 2nd respondent : Mr.D.Muruganandham, Additional Government Pleader

ORDER

The relief sought for in the present writ petition is to quash the order dated 21.08.2015, withholding the selection of the writ petitioner for appointment to the post of Assistant Professor in Mathematics. The reason for withholding of the selection process was there and the petitioner claims that he has passed the SLET/NET. However, the petitioner has not produced the certificate issued by the Authority and therefore, the selection was not confirmed. 1/3

2.The writ petitioner filed the present writ petition and by virtue of the interim order, he has continuing his service. 3.The learned counsel for the respondent Teachers Recruitment Board made a submission that till today, the petitioner has not produced the certificate unless the certificate is produced the selection of the petitioner cannot be confirmed at all. 4.The learned counsel for the petitioner also states that he has no instructions regarding the availability of the SLET/NET certificate. The copy of the certificate is not enclosed along with the typed set of papers filed in this writ petition. 5.Under these circumstances, a doubt arises, whether the petitioner has passed the requisite qualification of SLET/NET or not.

6. This court passed an interim order on 24.08.2015 itself, directing the writ petitioner to produce the SLET/NET certificate within a period of one week. Five years lapsed. 7.The learned counsel for the respondent Teachers Recruitment Board states that till today, the petitioner has not produced the certificate.

8. Under these circumstances, the petitioner is not entitled for any relief as such sought for in the present writ petition.

9.In view of the fact that in spite of the interim order passed by this Court, to submit the SLET/NET certificate within a period of one week, the petitioner has not produced the same for the past five years and the respondents are directed to initiate all further action for cancellation of selection and appointment. 10.With the above direction, this writ petition stands dismissed.

No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(P & A) // True Copy // / /2021 Sub Assistant Registrar(CS) Rm 2/3

TO 1.The Director of Collegiate Education, Chennai - 600 006.

+1 CC to Mr. Special Government Pleader, SR.No. 26839 21.12.2020 SGS(CO) TR(07.01.2021) 3P 3C 3/3