Madras High Court
The Teachers Recruitment Board vs T. Shanthi on 25 February, 2022
W.A. No. 2958 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.02.2022
CORAM
THE HONOURABLE MR. JUSTICE S. VAIDYANATHAN
AND
THE HONOURABLE MR. JUSTICE MOHAMMED SHAFFIQ
W.A. No. 2958 of 2021
&
C.M.P. No. 20080 of 2021
The Teachers Recruitment Board,
rep. by its Member Secretary,
DPI Campus, College Road,
Nungambakkam, Chennai – 600 006. ..Appellant
Vs.
1. T. Shanthi
2. The Director,
School Education Department,
DPI Campus, College Road,
Nungambakkam,
Chennai – 600 006. ..Respondents
Prayer: Writ Appeal as against the order dated 20.07.2021 passed in
W.P. No. 22227 of 2017.
https://www.mhc.tn.gov.in/judis
W.A. No. 2958 of 2021
For Appellant :: Mr.K.V. Sajeev Kumar
Special Government Pleader
For Respondents ::Mr.M.R. Jothimanian for R1
Mrs. Mythreyee Chandru
Special Government Pleader
(Edn.) for R2
JUDGMENT
S. Vaidyanathan,J. & Mohammed Shaffiq,J.
Assailing the order of the learned Single Judge passed in W.P. No.
22227 of 2017 dated 20.07.2021, the present writ appeal has been preferred
by the Teacher's Recruitment Board.
2. The 1st respondent herein filed the writ petition challenging her
non-selection to the post of Post Graduate Assistant (Commerce) and for a
consequential direction to the Teacher's Recruitment Board to appoint her as
Post Graduate Assistant (Commerce) and the learned Single Judge, by the
impugned order, allowed the writ petition observing as hereunder:
"5. The case of T. Vellisubbaian V. Director of
Department of School Education and another, (cited supra) was
confirmed on appeal by the Hon'ble Division Bench in W.A. (MD)
No. 909 of 2015 and the further appeal before the Hon'ble Supreme
Court in SLP (C) No. 26862 of 2016 was dismissed on 21.01.2019.
Thus, it has been established that, non-shading of the serial code in
https://www.mhc.tn.gov.in/judis
W.A. No. 2958 of 2021
the OMR sheet is a curable defect and hence, the petitioner's
candidature cannot be rejected on this minor ground.
6. In the result, there shall be a direction to the second
respondent herein to include the name of the petitioner in the
selection list for the post of Post Graduate Assistant (Commerce),
published pursuant to the recruitment notification in Advertisement
No. 3 of 2017 for the year 2016-2017 and forward such selection
list to the first respondent for the purpose of issuance of the
necessary appointment order. The second respondent herein shall
endeavour to include the petitioner's name in the selection list, at
least within a period of two weeks from the date of receipt of a copy
of this order. The writ petition stands allowed accordingly. No
costs. Consequently, connected miscellaneous petitions are closed."
3. When the writ appeal is taken up, it is fairly submitted by the
learned Special Government Pleader for the appellant that the orders passed
by this Court in a similar issue in W.P.(MD) No. 2406 of 2015 to which one
of us (SVNJ)) was a party has been confirmed by the Division Bench of this
Court in W.A.(MD)No. 909 of 2015 and the SLP filed against the said
judgment was also dismissed and the said fact is also evident from the order
of the learned Single Judge. Since the issue is already covered, we are not
S. VAIDYANATHAN,J.
https://www.mhc.tn.gov.in/judis
W.A. No. 2958 of 2021
AND
MOHAMMED SHAFFIQ,J.
nv
inclined to interfere with the order under challenge and the writ appeal
stands dismissed. No costs.
4. It is made clear that the case of the 1st respondent/writ
petitioner shall be considered in the next available vacancy, if not available
as on date, without making the writ petitioner to undergo the tests and such
exercise, all over again, for the purposeof getting appointment.
(S.V.N.J.) (M.S.Q.J.)
nv 25.02.2022
To
The Director,
School Education Department,
DPI Campus, College Road,
Nungambakkam,
Chennai – 600 006.
W.A. No. 2958 of 2021
https://www.mhc.tn.gov.in/judis
