Selvi. M.Vaithehi v. The Chairman
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.12.2020
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM Selvi.M.Vaithehi ... Petitioner -Vs1.The Chairman, Teachers Recruitment Board, 4th Floor, E.V.K.Sampath Maaligai, DPI Compound, College Road, Chennai-600 006.
2.The Member Secretary, Teachers Recruitment Board, 4th Floor, E.V.K.Sampath Maaligai, DPI Compound, College Road, Chennai-600 006.
3.The Secretary, State Board of School Examinations, Fort St. George, Chennai.
... 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 under the proceedings R.C.No.5050/TET/2014, dated 29.09.2014 and quash the same as illegal and direct the respodents 1 and 2 herein to appoint the petitioner for the post of Secondary Grade Teachers within a time frame as may be fixed by this Court.
For Petitioner : Mr.M.Ponniah For Respondents : Mr.V.R.Shanmuganathan(for R1 and R2) Mr.J.Gunaseelanmuthiah Additional Government Pleader(for R3)
ORDER
The impugned order, dated 29.09.2014 is sought to be quashed in the present writ petition.
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2.The said order was passed declining the claim of the petitioner to grant exemption from the application of G.O.Ms.No.71, dated 30.05.2014, which was issued in compliance with the Order of the Hon'ble High Court, Madras, dated 29.04.2014, passed in W.P.No.5590 of 2014 and other batch cases. 3.As the TET certificate is valid for seven years, the petitioner was considered on par with other candidates, who cleared TET for selection for appointment to the post Secondary Grade Teacher for the year 2013, pursuant to the recruitment notification, dated 21.08.2014. The cut off marks of the last candidate selected under MBC General Turn and MBC Women Turn for recruitment to the posts of Secondary Grade Teachers for the year 2013 are respectively 75.17 and 75.10, whereas, the cut off marks of the petitioner, who belongs to MBC is only 67.61.
Thus, the petitioner is not eligible for selection for appointment to the post of Secondary Grade Teacher for the year 2013. 4.As far as the Government order passed in G.O.Ms.No.71, dated 30.05.
(1) SCC 322. This apart, G.O.Ms.No.252, School Education (Q) Department, dated 05.10.2012 and G.O.Ms.No.29, School Education (TRB) Department, dated 14.02.2014 was set aside only in respect of grading method prescribed for awarding weightage marks. In this regard, the Government also issued G.O.Ms.No.71, dated 30.05.2014 and the said Government order is upheld by the Hon'ble Supreme Court of India as stated above.
5.This being the factum, this Court is of the considered opinion that the claim of the writ petitioner to consider her appointment to the post of Secondary Grade Teacher, now after a lapse of five years cannot be considered. Further, the petitioner was not within the zone of consideration and accordingly, the writ petition stands dismissed. No costs.
Sd/- Assistant Registrar (CRL.SIDE) // True Copy // / /2020 Sub Assistant Registrar(CS) sji 2/3
To The Secretary, State Board of School Examinations, Fort St. George, Chennai.
+1 CC to SGP ( SR-25707[F] dated 16/12/2020 ) 15.12.2020 KM (28.12.2020) 3P 3C 3/3