Madras High Court
Tmt.A.Baby vs The Teacher Recruitment Board on 8 June, 2022
WP No.2417 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 08.06.2022
CORAM:
THE HON'BLE MR. JUSTICE S.M.SUBRAMANIAM
WP No.2417 of 2014
and M.P.No.2 of 2014
Tmt.A.Baby, M.A., B.Ed., ... Petitioner
Vs
1. The Teacher Recruitment Board,
Rep. by its Chairman,
4th Floor, EVK Sampath Malligai,
DPI Campus, College Road,
Chennai - 600 006.
2. The Director of School Education,
DPI Campus, College Road,
Chennai - 600 006.
3. R.Radhakrishnan
4. D.Poongothai
5. R.Kathiresan ... Respondents
PRAYER: This Writ Petition is filed under Article 226 of the
Constitution of India, praying for issuance of Writ of Certiorarified
Mandamus, calling for the records relating to the revised provisional list
of candidates for certificate verification issued by the 1st respondent
dated 10.1.2014 and quash the same in so far as inclusion of the
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WP No.2417 of 2014
respondents 3 to 5 in Sl. No.137 146 and 148 in the list under BC Tamil
Medium Quota and consequently direct the respondents 1 and 2 to select
and appoint the petitioner to the post of PG Assistant in Economics in the
reserved category of BC Tamil Medium quota.
For Petitioner : Mr.S.N.Ravichandran
For Respondents : Mr.C.Kathiravan (for R1)
Special Government Pleader.
Mrs.S.Anitha (for R2)
Special Government Pleader
No appearance for R3.
ORDER
The writ on hand has been instituted questioning the validity of the
selection made by the 1st respondent Board for recruitment to the post of
PG Assistant in Economics, more specifically under the Tamil Medium
Quota.
2. The petitioner states that she studied SSLC, HSC, BA
(Economics), M.A.(Economics) and B.Ed. The petitioner studied in
Tamil Medium through out and therefore, states that she is fully qualified
to secure appointment under the Tamil Medium Quota as per the
recruitment notification. The Teachers Recruitment Board issued
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WP No.2417 of 2014
notification in May 2013 for direct recruitment for the post of PG
Assistants. The petitioner also submitted her application and participated
in the process of selection.
3. Admittedly, the petitioner secured 88 marks and her name
was included in the provisional list of selection and called for the
certificate verification. Meanwhile the unsuccessful candidates filed
W.P.(MD) Nos.18791 of 2013 and W.P.(MD) Nos.17155, 17156,
17191, 17236, 17424 and 17971 of 2013 etc.
4. The writ petitions were filed mainly on the ground that some
errors occurred in the question paper and in the answer keys with
reference to the written examination held on 21.07.2013. The Madurai
Bench of Madras High Court passed an order on 28.11.2013, directing
the Recruitment Board to revisit the entire issue.
5. The Teachers Recruitment Board in compliance with the
directions issued by the Madurai Bench of Madras High Court, revised
the selection list, more specifically, in educational psychology, the
following one question is deleted for valuation.
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WP No.2417 of 2014
Type of Tamil, English Maths, Physics, Physical Bio- Telugu
Question Botany, Chemistry, Director Chemistry
Paper Zoology, History, Grade-1
Commerce Geography,
Economics,
Political Science,
Home Science,
Microbiology
A 63 136 113 148 100 133
B 58 140 38 14 65 128
C 28 62 33 109 85 118
D 143 144 148 85 41 138
6. The cut off mark for GT turn is 102, GT T 96, GT W T 95,
BC 98, BC T 89. The petitioner has secured only 88 marks and hence,
she was not considered for selection.
7. The marks scored by the respondents 3 to 5 as per the revised
list are 93 (Radhakrishnan R), 90 (Poongothai D) and 89 (Kathiresan)
dated 09.01.2014, the respondents are coming under the BC PSTM
category. Since the respondents secured higher score than the petitioner,
the respondents were called for Certificate Verification.
8. As per the direction of the Hon'ble Madurai Bench of Madras
High Court issued on 28.11.2013, the Board revised answer keys and
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WP No.2417 of 2014
revalued OMR sheet of all the candidates and conducted certificate
verification for new eligible candidates on 17.01.2014. The Board
released the revised result for the subjects Physics, Economics and
Commerce, after making due revaluation based on the revised Key
Answers as per the judgment of Hon'ble High Court of Madras in various
writ petitions including W.P.Nos.29347 of 2013, 34564 of 2013 and
31869 of 2013, etc.
9. The provisional results and list of candidates called for
certificate verification for the subjects Physics, Commerce and
Economics, already published on 09.01.2014 and 10.01.2014 in TRB
official website, are being revised. Those who have already attended the
Certificate Verification held on 22.10.2013, 23.10.2013, 05.11.2013 and
17.01.2014 are not called for Certificate Verification again and only the
remaining new eligible candidates alone are called for Certificate
Verification.
10. As per the direction of this Court in various Writ Petitions
including W.P.Nos.29347 of 2013, 34564 of 2013 and 31869 of 2013
etc., the Board revised Answer Keys for the below mentioned subject and
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WP No.2417 of 2014
revalued OMR Answer Sheet of all the candidates.
Subject Question Number in Final Key Revised
answer Key as per
already Court
published Direction
by TRB
“A” Series “B” Series “C” Series “D” Series
PHYSICS 23 28 63 88 D A/B/C/D
PHYSICS 73 133 8 78 * A
COMMERCE 120 150 115 30 C B/C
COMMERCE 47 102 2 132 B/C Deleted
ECONOMICS 74 134 9 79 C B/C
ECONOMICS 64 144 89 94 D A/D
11. As per the orders of this Court, the Board has revised the
answer key twice. Accordingly, the cut-off mark for written examination
- GT turn is 102, GT W 104, GT T 94, GT W T 94, BC G 99, BC W 98,
BC T 91. The petitioner has secured only 88 marks as per the provisional
selection list after revised certificate verification dated 06.08.2014 and
hence she was not considered for selection.
12. As per the revised selection list published on 25.08.2014, the
last turn for BC T category is 91 marks in written examination. It is
further submitted that the 4th respondent D.Poongothai has secured 91
marks after the revaluation of the answer keys and the 5th respondent
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WP No.2417 of 2014
(R.Kathiresan) has secured only 89 marks and hence, he was not
considered for selection.
13. The learned counsel for the petitioner made a submission
that the Hon'ble Full Bench of this Court delivered a judgment on
27.09.2019 in the case of R.Boominathan and others vs. The
Government of Tamilnadu, reported in 2019 (4) LW 785, held that the
candidates who studied in Tamil Medium through out alone is eligible to
avail the PSTM quota.
14. Relying on the said Full Bench judgment, the learned counsel
for the petitioner made a submission that an interim order was passed in
the present writ petition to keep one post of PG Assistant (Economics)
vacant and therefore, the case of the writ petitioner is to be considered,
based on the interim order granted by this Court.
15. The learned Special Government Pleader appearing on behalf
of the respondents made a submission that no doubt, the Hon'ble Full
Bench of this Court delivered a judgment that the candidates who studied
Tamil Medium through out alone is eligible to avail PSTM quota,
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WP No.2417 of 2014
however, the Government implemented the said judgment of the Hon'ble
Full Bench and issued G.O.Ms.No.82, Human Resources (S) Department
dated 16.08.2021. Therefore, the said judgment and the Government
Order, are to be implemented prospectively. The Government Order
cannot be applied in respect of the recruitments already concluded long
back.
16. As far as the case of the writ petitioner is concerned, the
notification was issued in the year 2013 and the process of recruitment
was concluded. The judgment of the Madurai Bench of Madras High
Court was implemented and the selection list was also revised twice and
accordingly, the petitioner was not selected, as she was not falling within
the zone of consideration.
17. This Court is of the considered opinion that the judgment of
the Hon'ble Full Bench delivered in the year 2019 cannot be given effect
to in respect of the recruitment notification issued in the year 2013, which
was concluded and the selected candidates joined in the post of PG
Assistant and serving for about nine years as above.
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WP No.2417 of 2014
18. The Government Order implementing the Full Bench
judgment was also issued in G.O.Ms.No.82, Human Resources (S)
Department, dated 16.08.2021. Therefore, the said Government Order
also cannot be implemented with retrospective effect to undo the selection
process already concluded, so also, to unsettle the issues which had been
already settled. The judgment of the Hon'ble Full Bench which was
implemented by the Government in G.O.Ms.No.82, Human Resources
(S) Department, dated 16.08.2021, is to be implemented prospectively
with respect to the selection to be conducted after issuance of the
Government Order.
19. As far as the present writ petition is concerned, the petitioner
secured 88 marks and as per the revised selection list issued by the
Recruitment Board on 25.08.2014 pursuant to the judgment of the
Madurai Bench of Madras High court, the cut off mark for BC T category
is 91 and therefore, the petitioner was not within the zone of
consideration. As far as claim of the petitioner that she is eligible for
consideration as per the interim order, deserves no merit consideration as
interim orders are always subject to the final orders to be passed. In view
of the fact that the petitioner was not within the zone of consideration, the
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WP No.2417 of 2014
relief as such sought for cannot be granted. Accordingly, the writ petition
stands dismissed. No Costs. Consequently, the connected Miscellaneous
Petition is closed.
08.06.2022
Speaking/Non-speaking order
Index: Yes/No
Internet: Yes
ars
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WP No.2417 of 2014
To
1. The Chairman,
Teacher Recruitment Board,
4th Floor, EVK Sampath Malligai,
DPI Campus, College Road,
Chennai - 600 006.
2. The Director of School Education,
DPI Campus, College Road,
Chennai - 600 006.
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WP No.2417 of 2014
S.M.SUBRAMANIAM, J.,
ars
WP No.2417 of 2014
08.06.2022
https://www.mhc.tn.gov.in/judis
