Madras High Court
Selvarani vs The Member Secretary on 7 June, 2021
W.A.(MD)No.1074 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 07.06.2021
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
AND
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD)No.1074 of 2021
and
C.M.P.(MD)No.4790 of 2021
Selvarani : Appellant
Vs.
The Member Secretary,
Teachers Recruitment Board,
Chennai – 6. : Respondent
PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent,
praying to set aside the order dated 07.11.2019, in W.P.(MD)No.21849 of
2019 on the file of this Court.
For Appellant : Mr.T.Lajapathi Roy
For Respondent : Mr.V.R.Shanmuganathan
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W.A.(MD)No.1074 of 2021
JUDGMENT
***************
[Judgment of the Court was delivered by T.S.SIVAGNANAM, J.]
We have heard Mr.T.Lajapathi Roy, learned Counsel appearing
for the appellant and Mr.V.R.Shanmuganathan, learned Counsel
appearing for the respondent.
2.This Writ Appeal is directed against the order, dated
07.11.2019, in W.P.(MD)No.21849 of 2019.
3.The Writ Petition was filed by the appellant seeking for a
direction upon the respondent to declare her candidature as eligible for
the post of Sewing Teacher in the Direct Recruitment of Special Teachers
for the year 2012-16, by putting her in the appropriate place.
4.The respondent/Teachers Recruitment Board placed the cut-off
mark fixed for the Scheduled Caste (Women) Category and informed the
Court that there are two candidates with the same cut-off marks and
based on the date of birth, another candidate was selected. Recording the
same, the Writ Petition was dismissed.
5.Before the learned Single Bench, the learned counsel
appearing for the appellant contended that in Clause 3(B) of the
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W.A.(MD)No.1074 of 2021
Notification, a number of vacancies have been mentioned and the
Teachers Recruitment Board has not filled the post meant for SC (W)
(DW), SC (G)(T) EX, SC (W)(T) in Serial No.18 in Social Defence
Department and Serial Nos.226 and 227 in School Education Department.
6.As rightly pointed out by the learned counsel for the
respondent, this argument which has been made before us has been
made for the first time and that was not the case of the appellant before
the learned Writ Court. In any event, such a relief cannot be sought for
against the Teachers Recruitment Board and it is for the appellant to
approach the Government or the other requisitioning department. Thus,
while granting liberty to the appellant to approach the appropriate
authority for necessary relief, we decline to interfere with the order
passed in the writ petition.
7.With the aforementioned liberty, the Writ Appeal stands
dismissed. No costs. Consequently, connected Miscellaneous Petition is
closed.
[T.S.S., J.] & [S.A.I., J.]
07.06.2021
Index : Yes / No
Internet : Yes / No
PS/MR
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.1074 of 2021
T.S.SIVAGNANAM, J.
AND
S.ANANTHI, J.
PS/MR
Note: In view of the present lock down owing to COVID-19
pandemic, a web copy of the order may be utilized
for official purposes, but, ensuring that the copy
of the order that is presented is the correct copy,
shall be the responsibility of the advocate/litigant
concerned.
To
The Member Secretary,
Teachers Recruitment Board,
Chennai – 6.
JUDGMENT MADE IN
W.A.(MD)No.1074 of 2021
07.06.2021
https://www.mhc.tn.gov.in/judis/
