N.Selvakumari v. The State Of Tamilnadut

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.09.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.21898 of 2024 N.Selvakumari ... Petitioner Vs.

1.The State of Tamil Nadu, Rep. by its Secretary to Government, School Education Department, St. George Fort, Chennai - 600 009.

2.The Director of School Education, School Education Department, College Road, Nungambakkam, Chennai - 600 006.

3.The Chairman, Teachers Recruitment Board, College Road, Nungambakkam, Chennai - 600 006.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, directing the respondents to consider the petitioner for appointment to the post of B.T.Assistant (Science) and BRTE in pursuant to the notification No.3/2023, dated 25.10.2023 and by considering the petitioner's representation dated 31.05.2024.

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For Petitioner : Mr.H.Mohammed Imaran For Respondents : Mr.N.Satheesh Kumar Additional Government Pleader for R1 & R2 Mr.V.R.Shanmuganathan Standing Counsel for R3

ORDER

The instant writ petition has been filed by an aspirant to the post of BT Assistant(Science)/BRTE, who applied pursuant to the notification issued by the Teacher Recruitment Board in notification No.3 of 2023, dated 25.10.2023, seeking a mandamus to consider her representation dated 31.05.2024 under PSTM quota.

2.The petitioner has applied for the above said post under Non-PSTM category. The last date for uploading the application was 30.11.2023. On 06.12.2023, the Teacher Recruitment Board issued a notification to the effect that if there is any errors, the candidates were at liberty to rectify the said errors or upload additional documents on 14.12.2023 and 15.12.2023. These facts are not in dispute.

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3.It is the grievances of the writ petitioner that she was not able to get the certificate under the PSTM category before the cut off date and she could obtain the said certificate only on 29.05.2024. Therefore, she has made a request that her name may be considered in the PSTM category. 4.Per contra, the learned Standing Counsel appearing for the Teachers Recruitment Board submitted that already selection process is over and final list has also been published on 22.08.2024. The Candidates who have not obtained PSTM certificate either on the last date for uploading the application or during the window period namely 14.12.2023 on 15.12.2023, cannot now rely upon the certificate obtained on 29.05.2024, seeking a mandamus to consider her representation for appointment.

5.The facts captured above make it very clear that the petitioner has obtained PSTM certificate only on 29.05.2024 much beyond the cut off date or the time granted by the Teachers Recruitment Board for the above said notification. In such circumstances, the petitioner's request for considering her name for appointment under the PSTM quota is not legally sustainable. 3/6

6.In view of the above said facts, there are no merits in the writ petition. Accordingly, this writ petition stands dismissed. No costs. 13.09.2024 NCC : Yes/No Index : Yes / No Internet : Yes / No RJR 4/6

To 1.The Secretary to Government, School Education Department, St. George Fort, Chennai - 600 009.

2.The Director of School Education, School Education Department, College Road, Nungambakkam, Chennai - 600 006.

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R.VIJAYAKUMAR, J.

RJR W.P(MD)No.21898 of 2024 13.09.2024 6/6