Madras High Court
Unknown vs M. Dheivanai on 5 October, 2021
W.A. No. 2514 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.10.2021
CORAM
THE HONOURABLE MR. JUSTICE S. VAIDYANATHAN
AND
THE HONOURABLE MR. JUSTICE A.A. NAKKIRAN
W.A. No. 2514 of 2021
&
C.M.P. No. 16379 of 2021
1. The State of Tamil Nadu,
rep. by its Secretary,
School Education Department,
Secretariat,
Chennai.
2. The Chairman,
Teachers Recruitment Board,
4th Floor, E.V.K. Sampath Maligai,
College Road, Chennai – 6.
3. The Member Secretary,
Teachers Recruitment Board,
4th Floor, E.V.K. Sampath Maligai,
College Road, Chennai – 6.
4. The Director of School Education,
College Road, Chennai.
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W.A. No. 2514 of 2021
5. The Chief Educational Officer,
O/o, the Chief Educational Office,
Near Collectorate,
Dharmapuri – 636 705. ..Appellants
Vs.
M. Dheivanai ..Respondent
Prayer: Writ Appeal as against the order dated 18.02.2020 passed in
W.P. No. 3157 of 2020.
For Appellants :: Mr.R. Neelakandan,
Additional Advocate General
assisted by
K. Tippu Sultan,
Govt. Advocate
For Respondent :: Mr.Ajmal Khan
Senior Counsel assisted by
Mr.H. Md. Imran
JUDGMENT
(Judgment of the Court was delivered by S. VAIDYANATHAN,J.)
The Writ Appeal has been preferred as against the order dated
18.02.2020 passed in W.P. No. 3157 of 2020.
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W.A. No. 2514 of 2021
2. The writ petition was filed by the respondent herein for a
direction to the 2nd appellant herein to select the respondent herein/writ
petitioner for appointment to the post of P.G. Assistant (Mathematics) in
conformity with the earlier order dated 20.12.2019 passed in W.P. No.
35301 of 2019 by this Court and consequently to direct the 4th appellant
herein to appoint the respondent/writ petitioner as P.G. Assistant
(Mathematics) within a stipulated period.
3. When the writ petition came up for consideration before the
learned Single Judge, by virtue of the interim order passed by this Court, the
respondent herein/writ petitioner had participated in the counselling and it
was submitted on behalf of the respondent herein/writ petitioner that
inasmuch as this Court had set aside the rejection of the candidature of the
writ petitioner by its earlier order passed in W.P. No. 35301 of 2019 with a
direction to the Teacher's Recruitment Board to consider the writ petitioner's
qualification and the marks obtained and proceed with the process of
selection treating her as an eligible candidate and the writ petitioner had also
participated in the counselling, the appellants will have to proceed further
with the selection. However, at that juncture, it was submitted on behalf of
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W.A. No. 2514 of 2021
the appellants herein that an appeal has been preferred as against the earlier
order passed in W.P. No. 35301 of 2019.
4. Considering the rival submissions, the writ petition came to be
disposed of as hereunder:
“4. In the considered view of this Court, till the orders of this
Court is interfered in the appeal, the same will continue to be in force and
the respondents cannot deny the petitioners their right of being considered
for appointment. In fact, the petitioners should not have been driven to this
Court seeking for permission to participate in the counselling. The earlier
orders passed by this Court gives a right to the petitioners to participate in
the counselling. The candidature of the petitioners will have to be
considered for selection by virtue of the earlier orders passed by this Court.
The third and fourth respondents are directed to proceed further with the
selection of the petitioners and issue appointment orders, if they have
otherwise qualified in the selection. This can be made subject to the result
of the writ appeal, which is in the process of being filed by the third
respondent.”
Challenging the same, the present writ appeal has been preferred.
5. Heard both sides.
6. By judgment dated 22.09.2021, this Court had dismissed the
writ appeals in W.A. Nos. 2400 of 2021 etc preferred as against the orders
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W.A. No. 2514 of 2021
passed by the learned Single Judge involving a similar issue. However, with
regard to the selection and issuance of appointment order to the respondent
herein is concerned, it is submitted by the learned Additional Advocate
General during the course of arguments that entire posts have been filled up
on 31.12.2020 and that being the case, the respondent's candidature will be
considered in the case of immediate vacancy, but her services for the
purpose of all terminal benefits should be taken into account as if she
entered into service when her junior was inducted into service. Moreover, the
judgment of the Division Bench of this Court in The Chairman, Teachers
Recruitment Board V. B. Jaiwanth and others (W.A.(MD) NO. 1058 of
2020 dated 23.12.2020), following which the writ appeals in W.A. No.
2400 of 2019 etc preferred by the Teacher's Recruitment Board and others
came to be dismissed, has been taken on appeal to the Supreme Court and
the SLP was dismissed and as against the same, a review is pending.
Therefore, 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.
S. VAIDYANATHAN,J.
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W.A. No. 2514 of 2021
AND
A.A. NAKKIRAN,J.
nv
7. The writ appeal stands dismissed with the above observation.
No costs. Connected C.M.P.is closed.
(S.V.N.J.) (A.A.N.J.)
nv 05.10.2021
To
1. The Secretary,
School Education Department,
Secretariat, Chennai.
2. The Chairman,
Teachers Recruitment Board,
4th Floor, E.V.K. Sampath Maligai,
College Road, Chennai – 6.
3. The Member Secretary,
Teachers Recruitment Board,
4th Floor, E.V.K. Sampath Maligai,
College Road, Chennai – 6.
W.A. No.2514 of 2021
4. The Director of School Education,
College Road, Chennai.
5. The Chief Educational Officer,
O/o, the Chief Educational Office,
Near Collectorate, Dharmapuri – 636 705.
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