Madras High Court
The Teachers Recruitment Board vs A.Subramanian on 6 September, 2021
1 W.A.No.2041 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.09.2021
Coram
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
AND
THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN
W.A.No.2041 of 2021
and CMP.No.13007 of 2021
The Teachers Recruitment Board,
Rep.by its Member Secretary
4th floor, EVK Sampath Maligai,
DPI Compound Nungambakkam,
Chennai. ... Appellant
vs.
A.Subramanian ... Respondent
Writ Appeal is filed under clause 15 of the Letter Patent against the order
of the learned single Judge dated 10.04.2019 made in W.P.No.18989 of
2011.
For Appellant : Mr.K.V.Sajeev Kumar,
Government Advocate
For Respondent : Mr.A.S.Palanisamy for R1
JUDGMENT
(Judgment of the Court was made by S.VAIDYANATHAN, J.)
Instant Writ Appeal is directed against the order dated 10.04.2019
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made in W.P.No.18989 of 2011.
2. The candidature of the Writ Petitioner was rejected on the ground
that the Writ Petitioner did not evince any interest to participate in the
certificate verification and thereby given up the right of participating in the
said certificate verification, therefore he is not entitled to the relief sought
for in the Writ Petition.
3. The main grievance of the Writ Petitioner was that the Writ
Petitioner could not attend the certificate verification as the communication
from the Appellant did not reach the Writ Petitioner and that the same was
handed over to the person in the next door and after the period was over, the
said communication was handed over to the Writ Petitioner which made the
Writ Petitioner in not taking part in the certificate verification. The learned
Single Judge, taking note of the plea of the parties came to the conclusion
that there is no fault on the part of the writ petitioner. It is true that there is
no fault on part of the appellant herein also. It is the Postal Department,
which is the culprit in not handing over the communication to the concerned
person namely, the Writ Petitioner.
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4. It is brought to the attention of this Court by the learned counsel
appearing for the Appellant that the provisional list of candidates selected
for appointment will be published in the Notice Board of TRB and the
website of TRB. The publication of results also will be announced through
Press/Media. Intimation to the provisionally selected candidates will also be
sent by post.
5. It may be true that the Writ Petitioner would not have seen the
website, but it does not mean that non scrutiny of the results in the website
should be a bar to deprive a candidate, who may be a meritorious person, to
throw his candidature out, on the sole ground that the said person did not
participate in the certificate verification, on the fault of the Postal
Department in not handing over the communication. Even going by the plea
of the Appellant in the Writ Petition, it is clear that the communication has
been sent only by certificate of posting. It is no doubt that in the technical
advancement, a candidate must verify the website, but when more than one
intimation is available to the candidate and that there is a specific
mentioning that the candidate will be provisionally intimated by post, the
present case needs to be considered on humanitarian grounds, as the
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candidate admittedly had not received the communication from the Postal
Authorities and that the Postal Authorities wrongly delivered the
communication to the next door.
6. The learned Single Judge has rightly held that it is purely a mistake
on the part of Postal Department for not having delivered the
communication in time to the Writ Petitioner, because of that, the Writ
Petitioner was prevented from attending the certificate verification.
7. Hence, we find that there is no reason to interfere with the order of
the Learned Single Judge and that the Writ Petitioner is hardly 45 years as
on today, and if the petitioner is asked to participate afresh, he will be over
aged. Hence, as a special case, as observed by the Learned Single Judge,
the case of the Writ Petitioner needs to be considered.
8. Before parting with this order, we make it very clear that there is
no need to mention that the candidate will be intimated by post, when they
are going to fill up the application through online and after this pandemic
almost every thing is in online. In case, the Government is going to retain
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the system of communication through by post, the same will have to be sent
only by Speed Post or Registered post and not by Ordinary Post, as in the
present date, even the certificate of posting is no longer there.
9. Mr.Sanjay Kumar, learned Government Advocate also brought to
the attention of this Court to the proceedings dated 12.07.2011 of the
Member Secretary, Teachers Recruitment Board, Chennai and the relevant
paragraphs are extracted below:-
“ In his representation dated 29.11.2010. the petitioner Thiru. A.
Subramanian has stated that he could not attend certificate verification
due to late delivery of the certificate verification letter by the postal
authorities. This could not be accepted. As far as Teachers
Recruitment Board is concerned, that for the convenience of the
candidates, it is publishing every stage of the recruitment process in the
website of the Teachers Recruitment Board. Likewise, the list of
provisionally selected candidates called for certificate verification on
11.10.2010 for the post of Block Resource Teacher Educators was also
posted in the website of the Teachers Recruitment Board. The Board
also permit the candidates who do not receive the call letter to
download the printout copy of the details of roll number, subject to
which selected, certificate verification date and venue of the certificate
verification etc. from the website of the Teachers Recruitment Board
and attend certificate verification. As such the petitioner could have
taken a printout from the website and attended the certificate
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verification on the fixed date. But he did not do so. Further candidates
absented on the date of certificate verification are not permitted to
attend certificate verification on alternative day. After conducting
certificate verification on 11.10.2010, the Board finalized the selection
process and published the list of provisionally selected candidates on
14.10.2010. At present no vacancy is available in the Block Resource
Teacher Educator for the subject Zoology”
10. As long as more than one method of communication is available
for intimation to the candidate, merely because the candidate has not seen
the website cannot be a ground to prevent him from associating with the
certificate verification, as stated by us earlier. The Government shall not
lose a meritorious candidate, on technicalities.
11. With the above observation writ appeal is dismissed. No costs.
Consequently connected miscellaneous petition is also closed.
(S.V.N.J.,) (A.A.N.J.,)
06.09.2021
dpq
Speaking order/Non-speaking order
Index: Yes/No
Internet: Yes/No
https://www.mhc.tn.gov.in/judis
S.VAIDYANATHAN,J.
and
A.A.NAKKIRAN,J.
dpq
To
The Teachers Recruitment Board,
Rep.by its Member Secretary
4th floor, EVK Sampath Maligai,
DPI Compound Nungambakkam,
Chennai.
W.A.No.2041 of 2021
and CMP.No.13007 of 2021
06.09.2021
https://www.mhc.tn.gov.in/judis
