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Madras High CourtWA(MD)/1448/2019dismissed

D.Silambarasi v. The State Of Tamilnadu

2019-12-06Honourable Mr Justice M.Duraiswamy,Honourable Mr Justice T. Ravindran3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.12.2019

CORAM

THE HONOURABLE MR.JUSTICE M.DURAISWAMY AND THE HONOURABLE MR.JUSTICE T.RAVINDRAN against WP(MD)No.13777 of 2014 D.Silambarasi ... Appellant/Petitioner Vs.

1.The State of Tamilnadu, represented by its Principal Secretary, Department of School Education, Fort St.George, Chennai-09.

2.The Chairman, Teachers Recruitment Board, 4th Floor, E.V.K.Sampath Building, D.P.I.Complex, College Road, Chennai-6.

... Respondents/Respondents Prayer : Appeal filed under Clause 15 of Letters Patent against the order passed by this Court in W.P.(MD)No.13777 of 2014 dated 05.07.2019.

Prayer in WP(MD). 13777 of 2014 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 2nd respondent to include the Petitioner sname Silambarasi and her roll No. 13TE17201324 in the provisional list of Tamil Nadu Teachers Eligibility Test 2012, 2013 and Special TNTET 2014 dated 10.08.2014 and may consequently direct the respodnents to consider the Petitioner s name for the post of B.T. Assistants physics major in par with other eligible candidates under the Tamil Nadu School Education Subordinate Services. For Appellant : Mr.K.P.Narayanakumar For Respondents : Mr.V.R.Shanmuganathan Special Government Pleader * * * * * 1/3

JUDGMENT

[Judgment of the Court was delivered by M.DURAISWAMY,J.] Challenging the order passed in W.P.(MD)No.13777 of 2014, the writ petitioner has filed the above writ appeal.

2. The appellant filed the writ petition to issue a writ of mandamus directing the second respondent to include the petitioner's name "Silambarasi" and her roll number in the provisional list of Tamil Nadu Teachers Eligibility Test - 2012, 2013 Special TNTET2014, dated 10.08.2014 and consequently direct the respondents to consider the petitioner's name for the post of B.T.Assistants Physics major on par with other eligible candidates under the Tamil Nadu School Educational Subordinate Services.

3. According to the petitioner, her name was not considered for appointment to the post of PG Assistant in Persons Studied in Tamil Medium (PSTM) category and she claimed that she studied in Tamil Medium, therefore entitled to the benefit of PSTM category.

4. The respondents contended that the appellant cannot be considered under PSTM category for the reason that she had studied the degree course in English medium. That apart, the appellant also filled up an application form for Teachers Eligibility Test, wherein in Column No.9, she has stated that she studied the Under Graduation degree course in English.

5. On a perusal of the said application, it is clear that she had studied SSLC, Higher Secondary as well as B.Ed., in Tamil medium. However, the Under Graduation degree was studied in English medium. When the appellant had studied Under Graduation degree in English medium, she is not entitled to avail the benefit of PSTM category. The requisite qualification for getting the benefits of quota is that the candidate should have studied only through Tamil medium. Therefore, the rejection of the application of the appellant under the PSTM category is in line with the Rules in force. The learned Single Judge has rightly dismissed the writ petition.

6. For the reasons stated above, we do not find any ground to interfere with the order passed by the learned Single Judge. Accordingly, th Writ Appeal is dismissed. There shall be no order as to costs.

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

Ssl To 1.The Principal Secretary, State of Tamilnadu, Department of School Education, Fort St.George, Chennai-09.

2.The Chairman, Teachers Recruitment Board, 4th Floor, E.V.K.Sampath Building, D.P.I.Complex, College Road, Chennai-6.

+1 CC to SPL GP ( SR-104000[F] dated 09/12/2019 ) +1 CC to MrK.P.NARAYANA KUMAR, Advocate ( SR-104269[F] dated 10/12/2019 ) 06.12.2019 VB(30.12.2019) 3P 5C 3/3