Madras High Court
The Secretary To Government vs K. Manivannan on 3 December, 2021
W.A.No.2869 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE: 03.12.2021
CORAM:
THE HON'BLE MR. JUSTICE M.DURAISWAMY
AND
THE HON'BLE MR. J. SATHYA NARAYANA PRASAD
W.A.No.2869 of 2021 and
C.M.P.No. 16650 of 2018
1. The Secretary to Government,
School Education Department,
Secretariat, Chennai - 600 009.
2. The Chairman,
Teachers Recruitment Board,
O/o. 4th Floor, E.V.K. Sampath Maligai,
DPI Campus, Co`llege Road,
Chennai - 600 006. ... Appellants
v.
K. Manivannan ... Respondent
Writ Appeal filed under Clause 15 of Letters Patent to set aside the order
made in W.P.No.1649 of 2020, dated 11.02.2020
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W.A.No.2869 of 2021
For Appellants : Mr. K.V. Sajeev Kumar
Special Government Pleader
JUDGMENT
(Judgment was delivered by M. DURAISWAMY, J.)
Challenging the order passed W.P.No.1649 of 2010, the
respondents in the Writ Petition have filed the above Writ Appeal.
2. The respondent filed the Writ Petition seeking for issuance of
Writ of Certiorarified Mandamus to call for the records relating to the
impugned order dated 20.11.2019 issued by the 2nd respondent, to quash
the same and consequently directing the 2nd respondent to select the writ
petitioner to the post of P.G. Assistant under Tamil Medium category as
per the Notification No.10/2019 issued by 2nd respondent.
3.1 The respondent filed the Writ Petition challenging the
impugned order passed by the 2nd appellant dated 20.11.2019 insofar as
rejecting the candidature of the respondent-writ petitioner and for
consequential direction to select him to the post of P.G. Assistant under
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W.A.No.2869 of 2021
PSTM category.
3.2 It is not in dispute that the 2nd appellant issued a Notification
dated 12.06.2019 calling for applications from the candidates to fill up
the post of Post Graduate Assistants/Physical Education Directors
Grade-I. The respondent-writ petitioner also applied for the said
selection under the PSTM category. There were totally four posts
reserved under the said category. After qualifying the written
examination, the respondent-writ petitioner was called for certificate
verification. Subsequently, a list was published by the 2nd appellant
wherein, the candidature of the respondent-writ petitioner was rejected
on the ground that he does not fulfill the requirement. Aggrieved over
the said order, the respondent filed the Writ Petition.
3.3 It is also not in dispute that the respondent-writ petitioner
obtained the certificates only on 16.10.2019 and 30.10.2019 respectively,
which is after the last date for submission of the application i.e.
15.07.2019. The appellants submitted that the persons claiming under
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W.A.No.2869 of 2021
the PSTM category, apart from completing the course in Tamil Medium,
must also produce the certificate in the prescribed format within the time
stipulated under the Notification, failing which, the candidature is liable
to be rejected.
3.4 Under Clause 4 of the Notification, all qualifying /
equivalent certificates should have been obtained prior to the last date of
submission of the filled-in online applications. As per Clause 5 of the
Notification, evidence for claims made by the candidate while applying
online should be submitted by the candidate at the time of Certificate
Verification, if called for.
3.5 Therefore, Clause 4 makes it clear that the certificates must
have been obtained prior to the last date for submission of the
application. As per Clause 5, evidence for such claim by the candidate
should be submitted by the candidate at the time of certificate
verification.
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W.A.No.2869 of 2021
3.6 In the case on hand, the 2nd appellant sent a message to the
respondent-writ petitioner to upload the certificates in the prescribed
format, since he was claiming under PSTM category. The
respondent-writ petitioner had uploaded the certificates dated
16.10.2019 and 30.10.2019. Thereafter, the respondent-writ petitioner
was called for certificate verification. From the above, it is also clear
that the respondent-writ petitioner had obtained the certificates in the
prescribed format well before the date on which he was called to upload
the certificates in the website.
4. The learned Single Judge, taking note of all these aspects, set
aside the impugned order passed by the 2nd appellant and allowed the
Writ Petition. Challenging the said order, the appellants have filed the
above Writ Appeal.
5. When the Writ Appeal is taken up for hearing, Mr. K.V. Sajeev
Kumar, learned Special Government Pleader, appearing for the
appellants fairly submitted that the issue involved in the Writ Appeal has
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W.A.No.2869 of 2021
already been decided against the Government by a Co-ordinate Bench
of this Court in W.A. No. 2400 of 2021 dated 22.09.2021, wherein, the
Division Bench of this Court has held as follows:
“........... 13. It is not the case of the
respondent that marks have been uploaded. What
is required is only whether she is qualified or not
and it is only a procedural aspect. The analogy
given by the Division Bench in paragraph 7 of the
decision in Joint Director, Teachers' Recruitment
Board V. N. Sankar is not applicable as in that
case, the candidate had no qualification at all and
he had only appeared for the examination. The
learned Additional Advocate General had referred
to a situation of the candidate failing in the
examination, which is a hypothetical one and the
said analogy may apply provided in the present
case on hand, the respondent had also failed. The
respondent had cleared the examination on
14.07.2019 and the present relief is only granted to
the respondent. This Court makes it very clear that
candidates who are going to knock the doors of the
Court after the selection has been made will not be
entitled to any relief.
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W.A.No.2869 of 2021
14. It is represented that the order of the
Division Bench in W.A (MD) No. 1058 of 2020
has been taken on appeal to the Supreme Court and
the SLP was dismissed and as against the same, a
review is pending. This Court makes it very clear
that any order that may be passed by the Apex
Court will bind the respondent/ writ petitioner as
well. ........”
6. It is also brought to the notice of this Court by the learned
Special Government Pleader that as against the order passed in the Writ
Appeal in W.A (MD) No. 1058 of 2020, an appeal was preferred by the
Government before the Hon'ble Supreme Court and the SLP was also
dimissed and the Review Petition filed in the said SLP was also
dismissed by the Apex Court last week.
7. In view of the submissions made by the learned Special
Goverment Pleader, following the ratio laid down by the Division Bench
of this Court in W.A. No. 2400 of 2021, wo do not find any ground to
interfere with the order passed by the learned Single Judge.
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W.A.No.2869 of 2021
Accordingly, the Writ Appeal is dismissed. No costs. Consequently,
the connected Miscellaneous Petition is closed.
[M.D., J.] [J.S.N.P., J.]
03.12.2021
Index : Yes/No
Internet: Yes
Rj
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W.A.No.2869 of 2021
M. DURAISWAMY, J.
and
J. SATHYA NARAYANA PRASAD ,J
Rj
W.A.No.2869 of 2021 and
C.M.P.No. 19203 of 2021
02.12.2021
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