S.Vijayalakshmi v. The District Educational Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.11.2023
CORAM
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR S.Vijayalakshmi ... Petitioner Vs.
1.The District Educational Officer, O/o. The District Educational Officer, Kulithalai, Karur District.
2.The Block Educational Officer, O/o. The Block Educational Officer, Kadavoor Block, Karur District.
3.The Teacher Recruitment Board, Represented by its Chairman, 3rd and 4th Floor, Puratchi Thalaivar Dr.M.G.R.Centenary Building, DPI Campus, College Road, Chennai-600 006.
... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order passed by the 2nd respondent in his proceedings A.Thee.Mu.No.1966/A1/2023, dated 10.11.2023 and quash the same as illegal and consequentially to direct the respondents to issue no objection certificate to the petitioner to 1/5
enable her to participate in the selection process in pursuance to the notification No.03/2023, dated 25.10.2023 issued by the 3rd respondent within the period that may be stipulated by this Court. For Petitioner : Mr.H.Mohammed Imran for M/s.Ajmal Associates For R1 & R2 : Mr.V.Om Prakash Government Advocate For R3 : Mr.VR.Shanmuganathan Standing Counsel
ORDER
The present writ petition has been filed by a Secondary Grade Teacher challenging an order passed by the 2nd respondent herein, wherein the request of the petitioner seeking No Objection Certificate for applying B.T Assistant examination has been rejected.
2. According to the learned counsel appearing for the writ petitioner, the petitioner had joined as Secondary Grade Teacher on 17.12.2012 and she intends to appear for Block Resource Teacher Educator (BRTE) / B.T Assistant competitive examination to be held on 07.01.2024 and the last date for submitting application is 30.11.2023. Since she is an in-service candidate, she has sought for No Objection Certificate from the 2nd respondent herein.
2/5
3. The 2nd respondent by way of an impugned order, has rejected the said request on the ground that her qualification is under dispute and the said dispute is pending before the Court.
4. This Court is not convinced with the reasons assigned by the 2nd respondent in the impugned order. In case of any dispute with regard to the qualification of the petitioner, the same has to be decided by the Teachers Recruitment Board, if the petitioner is selected in the said selection process. The order impugned in the writ petition is quashed and the 2nd respondent is directed to issue No Objection Certificate on or before 28.11.2023.
5. With the said observations, this Writ Petition stands allowed. No costs.
24.11.2023 NCC :
Yes / No Index :
Yes / No Internet :
Yes / No gbg Note : Issue order copy on 24.11.2023.
3/5
To 1.The District Educational Officer, O/o. The District Educational Officer, Kulithalai, Karur District.
2.The Block Educational Officer, O/o. The Block Educational Officer, Kadavoor Block, Karur District.
3.The Teacher Recruitment Board, Represented by its Chairman, 3rd and 4th Floor, Puratchi Thalaivar Dr.M.G.R.Centenary Building, DPI Campus, College Road, Chennai-600 006.
4/5
R.
VIJAYAKUMAR ,J.
gbg Order made in Dated:
24.11.2023 5/5