Madras High Court
A.Mercy Vasan vs D.Thileepavathi on 18 February, 2021
W.A.(MD)No.380 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 18.02.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.M.SUNDRESH
AND
THE HONOURABLE MRS. JUSTICE S.ANANTHI
W.A.(MD)No.380 of 2021
1.A.Mercy Vasan
2.G.Gayathri
3.R.C.Hemesh
4.Regu Gurusundar
5.G.Sangeetha :Appellants
Vs.
1.D.Thileepavathi
2.D.Vanaja
3.P.Navammal
4.S.Suganya
5.G.Samuel Muthuraj
6.M.Priya
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W.A.(MD)No.380 of 2021
7.C.R.Kavitha Rani
8.M.Vanniyaraj
9.Ananthi
10.A.Ruth Jency
11.Ram Prabha
12.Jeyashree
13.K.Mariappan
14.P.Iswarya Lakshmi
15.T.Malliga
16.Annam Muthupandian
17.V.Dhivya
18.M.Vijayakumar
19.D.Madhumitha
20.C.Karthikha
21.Jeya Girubha
22.S.Packiyaraj
23.K.S.Saravanakumar
24.Mystica
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W.A.(MD)No.380 of 2021
25.The State of Tamilnadu
Rep. by its Secretary to Government
Higher Education Department
Fort St. George,
Chennai.
26.Teachers Recruitment Board,
Rep. by its Member Secretary
4th floor, EVK Sampath Maaligai
DPI Campus,
College Road,
Chennai.
27.Teachers Recruitment Board
Rep. by its Chairman
4th floor, EVK Sampath Maaligai
DPI Campus,
College Road,
Chennai.
28.Tamil Nadu Public Service Commission
Rep. by its Secretary,
Road Park Town VOC Nagar,
Chennai.
29.Tamil Nadu Public Service Commission,
Rep. by its Chairman,
Road Park, VOC Nagar,
Chennai. : Respondents
PRAYER: Appeal filed under Clause 15 of the Letters Patent against the
order of this Court in W.P.(MD) No.13270/2020 dated 20.01.2021.
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W.A.(MD)No.380 of 2021
For Appellants :Mr.G.Prabhu Rajadurai
For Respondents : Mrs.S.Srimathy for R25
Special Government pleader
Mr.V.R.Shanmuganathan for R26&27
Standing counsel for TRB
Mr.D.Sivaraman for R28 & 29
JUDGMENT
(Judgment of the Court was delivered by M.M.SUNDRESH, J.)
It is the third round of litigation.
2. The recruitment process of the respondent Teachers Recruitment
Board (TRB) was found to be faulty. On an earlier round of litigation,
the decision of the TRB to go for fresh notification, after having found
the mal practice, was found to be correct. The decision of the Division
Bench has been approved by the orders passed by the Apex Court. In
pursuant to the same, the respondent Board has initiated process by
issuing notification calling for fresh recruitment. At this point of time,
the present writ petition has been filed asking the respondents to
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W.A.(MD)No.380 of 2021
reconsider the decision made by involving the process of segregating
such of those cases involving mal practices. The learned single Judge
dismissed the writ petition. Hence, the writ appeal.
3. The learned counsel for the appellants submitted that there are
instances, where the Governmental authorities identified the cases
involving mal practices and the remaining cases were processed and
recruitment was made. Therefore, the same yardstick may be adopted in
the case on hand also.
4. The learned counsel for the respondent Board submitted that no
right is vested and a decision has been made, after finding large scale mal
practice. This is solely the discretion of the respondent Board, which has
been upheld by the Courts having attained finality.
5. We do not find any merit in this appeal. As of now, there is no
right created or vested in favour of any of the candidates, who
participated in the earlier selection process done in the year 2017.
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W.A.(MD)No.380 of 2021
Admittedly, mal practice was found. It is in the wisdom of the
respondent Board to go for fresh recruitment. These mal practices are the
cases, which have been found out and therefore, there was every
possibility of such large scale practice involving in other cases as well.
In any case, no right, having been created and the decision having been
upheld by the Courts coupled with the further decision to go for a new
recruitment, we do not find any reason to interfere with the order of the
learned Single Judge. Accordingly, the writ petition is dismissed. No
costs.
[M.M.S., J.] & [S.A.I, J.]
18.02.2021
Index : Yes/No
Internet : Yes
RR
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W.A.(MD)No.380 of 2021
To
1.The Secretary to Government
State of Tamilnadu
Higher Education Department
Fort St. George, Chennai.
2.The Member Secretary
Teachers Recruitment Board,
4th floor, EVK Sampath Maaligai
DPI Campus, College Road, Chennai.
3.The Chairman
Teachers Recruitment Board
4th floor, EVK Sampath Maaligai
DPI Campus, College Road, Chennai.
4.The Secretary,
Tamil Nadu Public Service Commission
Road Park Town VOC Nagar, Chennai.
5.The Chairman,
Tamil Nadu Public Service Commission,
Road Park, VOC Nagar,
Chennai.
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W.A.(MD)No.380 of 2021
M.M.SUNDRESH, J
AND
S.ANANTHI, J
RR
Order made in
W.A.(MD)No.380 of 2021
18.02.2021
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