Subbulakshmi v. Teachers Recruitment Board,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.04.2025

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY Subbulakshmi ... Petitioner Vs.

1.Teachers Recruitment Board, College Road, Chennai - 6, Represented by its Chairman.

2.Government of Tamilnadu, Represented by its Secretary, Department of Education, Chennai-9.

... 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 of the first respondent relating to the Tentative Provisional List of candidates called for certificate verification for the recruitment of the Post Graduate Assistants in Zoology subject for the year 2011-2012 published on 23.10.2012 and all further proceedings in connection with recruitment for the post of Post Graduate Teachers in the subject of Zoology on the basis of the said list and to quash the same and consequently, to direct the respondents to consider the candidature of the petitioner by including his name in the appropriate place in the said list.

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For Petitioner : No appearance For R1 : Mr.V.R.Shanmuganathan For R2 : Mr.C.Venkateshkumar Special Government Pleader *****

O R D E R

The writ petition was filed was issuance of a Writ of Certiorarified Mandamus, to quash the Tentative Provisional List of candidates called for certificate verification for the recruitment of the Post Graduate Assistants in Zoology subject for the year 2011-2012 published on 23.10.2012 and all further proceedings in connection with recruitment for the post of Post Graduate Teachers in the subject of Zoology on the basis of the said list and consequently, to direct the respondents to consider the candidature of the petitioner by including his name in the appropriate place in the said list.

2. The present writ petition was considered by another Learned Single Judge and an order was passed directing the respondents to grant weightage marks to the petitioner for experience and seniority in the employment and to consider her case for the recruitment. Aggrieved over the same, the respondents had preferred in W.A.(MD)No.1161 of 2014. The Hon'ble Division 2/5

Bench has held that the direction to grant weightage is against Regulation 15 and allowed the writ appeal. However, the case was remitted back to raise any other pleas except weightage.

3. After remand, when the case posted before this Court on 16.04.2025, the Learned Counsel for the petitioner did not appear before this Court and the petitioner also did not appear before this Court in person.

4. On perusal of the affidavit, it is seen that the petitioner has raised the plea that her marks is 191 in the final list and the vacancy is 197, therefore, her weightage marks ought to be '6' and the revised selection list was prepared without giving any notice to the concerned candidates. The 1st respondent ought not to have adopted new procedure of selection deviating from the procedure announced in the notification. The communal reservation was not followed while preparing the selecting list. The Government orders referred earlier have not been amended by any clarification. The communal reservation should not be exceeding 50%.

5. All the issues raised by the writ petitioner is settled either by the 3/5

orders passed by the High Court or by the Hon'ble Supreme Court. Further, it is seen that the employment seniority alone will not grant any right to get appointment or weightage to the petitioner.

6. Further, it is seen that the petitioner is 48 years old as on date and she has crossed the cut off age prescribed by several Government orders. Therefore, the writ petition is not having any merits. Hence, the writ petition is dismissed on merits. No costs.

17.04.2025 NCC : Yes/No Index : Yes / No Internet : Yes/ No Tmg To The Secretary, Government of Tamil Nadu, Department of Education, Chennai-9.

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S.SRIMATHY, J.

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