The Member Secretary. v. S.Subhashini

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.02.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR and C.M.P.(MD) No.1375 of 2024 The Member Secretary, Teachers Recruitment Board, 4th Floor, E.V.K.Sampath Maligai, D.P.I. Compound, College Road, Chennai - 600 006.

... Appellant/2nd Respondent -vs1.S.Subashini .. 1st Respondent/Petitioner 2.The Government of Tamil Nadu, Rep. by the Principal Secretary to Government, Higher Education Department, Secretariat, Fort St.George, Chennai - 600 009.

3.The Director of Collegiate Education, E.V.K.Sampath Maligai, College Road, Chennai - 600 006.

4.K.P.Lochanambal 5.C.Chandrasekar ... Respondents 2 to 5/ Respondents 1, 3 to 5 Writ Appeal filed under Clause 15 of Letters Patent to set aside the order, dated 12.04.2022, passed in W.P.(MD) No.2640 of 2015, on the file of this Court. For Appellant :

Mr.VR.Shanmuganathan For Respondents :

Mr.L.Shaji Chellan for R1 Mr.D.Sadiq Raja, Additional Government Pleader for R2 & R3 Mr.G.Karthick for R4 and R5

J U D G M E N T

[Judgment of the Court was made by D.KRISHNAKUMAR, J.] Challenge in this writ appeal is to the order dated 12.04.2022, passed in W.P.(MD) No.2640 of 2015, by the Writ Court.

2. According to the appellant, the Teachers Recruitment Board is designated only as a Nodal Agency to conduct direct recruitment for various

departments. The appointment will be done by the User Department and the Board's role ends once the Selection List is forwarded to the User Department. The recruitment process has attained finality and hence, appointing the 1st respondent in the place of one Meena is not feasible. Hence, the present Writ Appeal has been filed.

3. According to the 1st respondent as on the cut of date the respondents 4 and 5 have not obtained Ph.D. Qualification and hence, they are not qualified for appointment and hence, a direction was issued to appointment the 1st respondent herein for the selection to the post of Assistant Professor in Computer Science.

4. Now, the learned Standing Counsel for the appellant produced the proceedings of the 1st respondent to the third respondent in Na.Ka.No. 1493/C4/2015, dated 10.08.2023, stating that the 1st respondent / writ petitioner is sponsored for appointment as Assistant Professor.

5. Recording the same, this Writ Appeal is dismissed as infructuous. No costs. Consequently, connected Civil Miscellaneous Petition is closed. [D.K.K., J.] [R.V., J.] 13.02.2024 Index : Yes / No Internet : Yes / No SJ To 2.The Government of Tamil Nadu, Rep. by the Principal Secretary to Government, Higher Education Department, Secretariat, Fort St.George, Chennai - 600 009.

3.The Director of Collegiate Education, E.V.K.Sampath Maligai, College Road, Chennai - 600 006.

D.KRISHNAKUMAR , J.

and R.VIJAYAKUMAR, J.

SJ 13.02.2024