Madras High Court
Kalaiselvan.K vs The Teachers Recruitment Board on 10 February, 2021
W.A.Nos.330 and 398 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.02.2021
CORAM :
THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
W.A.Nos.330 and 398 of 2021
W.A.No.330 of 2021
Kalaiselvan.K ... appellant
Vs
1.The Teachers Recruitment Board,
rep. By its Member Secretary,
4th Floor, EVK Sampath Maaligai,
DPI Campus, College Road,
Chennai 600 006.
2.Director,
Directorate of School Education,
Government of Tamil Nadu,
No.17, College Road, Thousand Lights West
Subba Road Avenue,
Nungambakkam, Chennai 8
3.State of Tamil Nadu,
rep. By its Secretary,
School Education Department,
Fort St.George, Chennai 9
4.State of Tamil Nadu,
rep. By its Chief Secretary,
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W.A.Nos.330 and 398 of 2021
Fort St.George, Chennai 9 ... Respondents
Prayer: Appeal filed under Clause 15 of the Letters Patent against the
order dated 17.12.2020 passed in W.P.No.2549 of 2020.
For Appellant :: Mr.M.Nirmal Kumar
For respondents :: Mr.Vijay Narayan,
Advocate General
Assisted by Mr.C.Munusamy, Spl.G.P.,
W.A.No.398 of 2021 :-
1.G.Rajkumar
2.Nithiyanandan
3.K.Vasanthi ... appellants
vs.
1.The State of Tamil Nadu,
rep. By its Secretary,
School Education Department
Fort St.George,
Chennai 600 009
2.The Director of School Education,
DPI Campus,
Chennai 600 006
3.The Teachers Recruitment Board,
rep. By its Member Secretary,
Chennai 600 006.
4.M.Rajkumar ... respondents
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W.A.Nos.330 and 398 of 2021
For Appellant :: Mr.Richardson Wilson
for M/s.P.Wilson Associates
For respondents :: Mr.Vijay Narayan,
Advocate General
Assisted by Mr.C.Munusamy, Spl.G.P.,
for respondents 1 to 3
COMMON JUDGMENT
(Delivered by the Hon'ble Chief Justice)
The matter pertains to the conduct of an examination for
recruitment of teachers undertaken in 2019. The grievance of the
appellant against the interim order of December 17, 2020 is that
the inquiry as directed by the said order has been confined to three
examination centres, though the petitioners had complained of
widespread malpractice in course of the conduct of the examination.
2. It has been fairly submitted on behalf of the State and the
respondent authorities that they are not averse to a more broad-
based inquiry being conducted so that there is no misgiving at any
level.
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W.A.Nos.330 and 398 of 2021
3. For such purpose, the learned retired Judge, as appointed
by the order dated December 17, 2020, is requested to induct a
retired police official not below Deputy Inspector General of Police
rank and without any political leanings so that the Committee now
comprises two members. The Committee will undertake a broad-
based study of the manner in which the examination was conducted
at the various centres. It will be open to the Committee to see the
CCTV footage. In the event the CCTV footage is not available at
some of the centres, the Committee must seek an explanation
therefor. It will also be open to the Committee to speak to the
examinees at the centres or the examinees at the centres for which
no CCTV footage is available so that all apprehension expressed by
the writ petitioners may be allayed.
4. The Committee should conclude the exercise within a
period of six weeks from the date of the constitution thereof and
ensure that the report is filed before the appropriate Single Bench
by April 30, 2021.
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W.A.Nos.330 and 398 of 2021
5. Nothing more need be said of the matter at this stage since
the inquiry report will be taken into consideration before the matter
is finally dealt with.
6. The remuneration of the members of the Committee will be
decided by the learned Single Bench at the time of final
consideration of the matter. The incidental expenses of the
members of the Committee for the purpose of conducting the
inquiry must be borne by the respondent authorities.
7. The appointments already given to the successful
candidates will abide by the result of the proceedings and the final
order that may be made on the writ petitions by the learned Single
Bench.
8. In course of the conduct of the inquiry, it will be open to
the Committee to invite the petitioners to point out any glaring
errors, if the Committee so feels. It is needless to say that the
parties may request the learned Single Bench to adjourn the final
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W.A.Nos.330 and 398 of 2021
hearing till after the report is obtained.
9. Nothing further survives of the appeals. W.A.Nos.330 and
398 of 2021 are disposed of. Consequently, C.M.P.Nos.1345, 1778,
1589 and 1591 of 2021 are closed. The observations herein are for
the limited purpose of passing an order herein and they will be
without prejudice to the rights and contentions of both sets of
parties. There will be no order as to costs.
(S.B., CJ.) (S.K.R., J.)
10.02.2021
Index : Yes/No
tar
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W.A.Nos.330 and 398 of 2021
To:
1.The Member Secretary,
Teachers Recruitment Board,
4th Floor, EVK Sampath Maaligai,
DPI Campus, College Road,
Chennai 600 006.
2.The Director,
Directorate of School Education,
Government of Tamil Nadu,
No.17, College Road, Thousand Lights West
Subba Road Avenue,
Nungambakkam, Chennai 8
3.The Secretary,
School Education Department,
Fort St.George, Chennai 9
4.The Chief Secretary,
Fort St.George, Chennai 9
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W.A.Nos.330 and 398 of 2021
THE HON'BLE CHIEF JUSTICE
AND
SENTHILKUMAR RAMAMOORTHY, J.
(tar)
W.A.Nos.330 and 398 of 2021
10.02.2021
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