Madras High Court
State Of Tamil Nadu vs Kanimozhi on 8 July, 2021
W.A.No.411 of 2021 and
C.M.P. No.1649 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.07.2021
CORAM
THE HONOURABLE Mrs. JUSTICE PUSHPA SATHYANARAYANA
and
THE HONOURABLE Mr.JUSTICE KRISHNAN RAMASAMY
W.A.No.411 of 2021 and
C.M.P. No.1649 of 2021
1.State of Tamil Nadu
Rep. by its Secretary to Government
Tamil Nadu School Education Department
Secretariat, Fort St. George
Chennai - 600 009
2.The Joint Director
Directorate of School Education
DPI Complex, College Road
Chennai - 600 006
3.The Chief Educational Officer
Nagapattinam
Nagapattinam District ... Appellants
Vs.
Kanimozhi ...Respondent
PRAYER : Writ Appeal filed under Clause 15 of the Letters Patent
against the order dated 22.10.2020 passed in W.P. No.15539 of
2020.
For Petitioner : Mr.R.Neelakandan
State Government Counsel
For Respondent : Mr.V.Elangovan
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JUDGMENT
PUSHPA SATHYANARAYANA, J.
The above writ appeal is filed by the State challenging the
order of the writ court dated 22.10.2020 passed in W.P. No.15339
of 2020.
2. The sole respondent is a destitute widow, having lost her
husband at the young age of 22 years, left with two minor children.
She had passed her SSLC in the year 2007 and could not continue
her further studies and was given in marriage and has become a
destitute widow as on date.
3. Pursuant to the Notification issued by the appellants
herein/respondents dated 22.04.2015 calling for applications for
appointment to the post of Lab Assistants in Tamil Nadu Higher
Secondary Schools, the writ petitioner had applied for the same
under the category 'destitute widow'. The application was to be
made on-line. There was a written examination on 31.05.2015, in
which the petitioner emerged successful and was called for
certificate verification by the third appellant on 10.04.2017. The
petitioner had also produced all the necessary certificates excepting
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the certificate of destitute widow. She has categorically stated that
she had applied for the said certificate in August 2016 before the
Revenue Divisional Officer, Nagapattinam and the same was issued
to her only on 23.05.2017, after almost, an year. Therefore, she
could not produce the Destitute Widow Certificate issued by the
Revenue Divisional Officer on the date of verification i.e.
10.04.2017. It was stated that the appellants assured that she
could produce it in future, as the same has to be issued by the
authorities and her appointment would be considered positively.
After she received the said certificate from the Revenue Divisional
Officer on 23.05.2017, she immediately reached the same to the
third appellant and requested him to consider her appointment. The
third appellant had rejected her claim as the Destitute Widow
Certificate was produced by her belatedly beyond the date fixed for
certificate verification, by his order dated 19.08.2020.
4. It is not in dispute that the writ petitioner is a destitute
widow and she is qualified to be appointed as a Lab Assistant, as
she has cleared the examination also. For mere production of the
certificate, which is to be issued by the Government and which is
not in her control, she cannot be thrown out by not being given an
appointment. Therefore, the learned single Judge had considered
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her plight and had directed the authorities to issue the order of
appointment as Lab Assistant within a period of thirty days, which is
now assailed in the appeal.
5. In this regard reliance may be usefully placed on a decision
of the Division Bench of this court in Tamil Nadu Public Service
Commission vs. M.Chitra and another reported in 2010 (2)
MLJ 146. In that case, there was a delay in issuing the certificate
by the competent authority. In the said judgment, the Division
Bench at paragraph 20 held as under:
" 20. It is true that the first respondent did
not produce the Community Certificate before the
provisional list of selected candidates was finalized.
On this score, in normal course, applying the
principles stated above, this Court would have held
that the claim of the first respondent for
consideration under the reserved quota for
Scheduled Tribe should be rejected. But, we do not
propose to do so, for the simple reason, as we have
elaborately narrated above that the first respondent
cannot be blamed for the belated issuance of
Community Certificate. As we have already stated,
the request of the first respondent for issuance of
Community Certificate was pending before the
Revenue Divisional Officer for more than a decade.
It is only in these special and peculiar
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circumstances, we are inclined to sustain the Order
of the learned Single Judge."
6. In C.Stella Mary vs. Tamil Nadu Public Service
Commission reported in (2009) 6 MLJ 1211, a learned single
Judge of this court at paragraphs 11 and 12, held as under:
" 11. Here, admittedly, the application was
submitted in time along with a covering letter
requesting to permit the petitioner to submit the
destitute widow certificate as soon as it is received
from the competent authority. Simply because such
certificate was not submitted along with the
application, it would not be in the interest of justice
to reject her claim. The object of creating
reservation to Destitute Widow is only to help such
widows to rescue them from destitution. On a
technical ground, like the one which was taken in
the impugned order, if such a claim is rejected, I am
sure, it will certainly defeat the very object of such
reservation.
12. The crucial factor to be considered in such
a case, is whether on the crucial date viz., on the
date of making application, the candidate was a
destitute widow or not. Production of certificate is
only to prove the said fact. Whether it is produced
along with the application or some time later, is
immaterial. If such a certificate is produced before
the list of candidates is finalised for interview, in my
considered opinion, that would serve the purpose
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and would not prejudice the cause of the other
candidates."
7. The learned Government Pleader appearing for the State
submitted that the respondent had applied for the post of Lab
Assistant in the Government School in Maraikanchavady and that
the said post was already filled up with a candidate from destitute
widow category. He also further stated that the Lab Assistant post
in 'OC category' is not yet filled up, as the person selected for the
same has not reported.
8. The writ petitioner/respondent is a resident of
Maraikanchavady, Thittacherry, Nagapattinam Taluk. Pursuant to
our directions issued to the Government Pleader to verify any other
vacancy of Lab Assistant post in Nagapattinam District, which would
be nearer to the writ petitioner, the list of schools in Nagapattinam
District, where the post of Lab Assistants are vacant is furnished by
the learned Government Pleader, which are as follows:
1. Keelvelur Government Higher Secondary School
2. Kadinavayal Government Higher Secondary School
3. Kurukkathi Government Higher Secondary School
4. Sembodai Government Higher Secondary School
5. Ayakkaranpulam Government Higher Secondary School
6. Kolayampattinam Government Higher Secondary School
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7. Erumal Thokkalakudi Government High School
8. Kattupadugai Government High School
9. Thirunagari Government High School
10. Thoduvaai Government High School
11. Agaraperumthottam Government High School
9. In the light of the discussions and the decisions quoted
above, the writ petitioner is entitled for the post of Lab Assistant.
Accordingly, the appellants are directed to accommodate the writ
petitioner/respondent in any of the vacancies in the schools close to
her place of residence, so that it will not cause further hardship to
her. The above said exercise, may be completed within a period of
four weeks and compliance shall be filed.
10. The writ appeal is dismissed with the above direction. No
costs. Consequently, the connected civil miscellaneous petition is
closed.
11. Post the writ appeal for compliance on 09.08.2021.
[P.S.N., J.] [K.R., J.]
08.07.2021
Index : Yes / No
Internet : Yes / No
Asr
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PUSHPA SATHYANARAYANA, J.
AND
KRISHNAN RAMASAMY, J.
Asr
W.A.No.411 of 2021 and
C.M.P. No.1649 of 2021
Date : 08.07.2021
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