Madras High Court
S.Kowsalyadevi vs Teachers Recruitment Board on 31 August, 2023
W.P No.25249 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 31.08.2023
CORAM
THE HON'BLE MR.JUSTICE C.V.KARTHIKEYAN
WP No.25249 of 2017
And
W.M.P.No. 26693 of 2017
S.Kowsalyadevi ... Petitioner
-Vs-
Teachers Recruitment Board
Rep. by its Member Secretary
4th Floor, EVK Sampath Maaligai
DPI Compound, College Road,
Chennai- 600 006. ... Respondent
PRAYER: Writ Petition under Article 226 of the Constitution of India
praying for a Writ of Certiorarified Mandamus calling for the records of
online certificate verification result proceedings of petitioner published by
the respondent on 12.09.2017 for the post of Post Graduate Assistant /
Physical Education Directors Grade-I - 2016-17 and quash the same and
consequently, directing the respondent to appoint the petitioner to the post
of Post Graduate Assistant.
Page 1 of 6
https://www.mhc.tn.gov.in/judis
W.P No.25249 of 2017
For Petitioner : Mr. N. Ponraj
For Respondent : Mr. C.Kathiravan
Standing Counsel
ORDER
The Writ Petition has been filed in the nature of Certiorarified
Mandamus seeking a direction relating to the records of on-line certificate
verification result proceedings of the petitioner published by the respondent
/ Teachers Recruitment Board at Chennai, on 12.09.2017 for the post of
Post Graduate Assistant / Physical Education Directors Grade-I - 2016-2017
and set aside the same.
2. The petitioner seeks appointment to the post of Post Graduate
Assistant.
3. The facts are quite straight forward. The petitioner herein had
joined M.Sc course in Mathematics in the year 2005 in Alagappa
University at Karaikudi through Distance Education. According to her, she
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W.P No.25249 of 2017
never wrote her examinations and did not attend classes. Subsequently in
the year 2006, she joined B.Ed., in Mathematics which was a one year
course between 2006-207 from Bharathiar University. After that, she
continued her M.Sc Mathematics and completed it in the year 2010.
4. The petitioner had applied for the aforementioned post of Post
Graduate Assistant / Physical Education Directors Grade-I - 2016-2017
pursuant to a publication issued by the respondent / Teacher Recruitment
Board. The petitioner had obtained 79 marks and was asked to come for
certificate verification by a letter dated 11.08.2017. Considering her
seniority in the Employment Exchange, she was further granted three marks.
But when they verified the certificates, the respondent found that even
while she was pursuing M.Sc. Mathematics at Alagappa University which
she commenced in the year 2005, she joined B.Ed Mathematics in
Bharathiar University between 2006-2007 and later she again continued
with her M.Sc. Mathematics course and completed it in the year 2010. The
respondent therefore held that she had done two separate degree courses in
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W.P No.25249 of 2017
the same year and therefore disqualified her.
5. The learned counsel for the petitioner placed on the Judgment
of a learned Single Judge of this Court in W.P.No. 3916 of 2014 [V.Prakash
Vs. Teacher Recruitment Board, Chennai] dated 10.09.2014. The facts in
that particular case, however slightly different. The petitioner therein had
also done his M.A. Degree course to Open University System between May
2007-2008. He then discontinued the same in the year 2008 and thereafter
joined B.Ed., Course under regular scheme in the year 2008 and completed
it in the year 2009. After completing B.Ed., course, the petitioner again
applied for joining M.A. Degree course which he had discontinued in the
year 2008 and then after obtaining that permission, completed it in the year
2011. Since there was a definite break in the studies, appreciating that
particular fact, the learned Single Judge had granted the relief to the
petitioner therein.
6. In the instant case, however the petitioner did not have that
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W.P No.25249 of 2017
benefit. The petitioner had joined Alagappa University in the year 2005 and
without discontinuing, had joined Bharathiar University to do her B.Ed.,
course. After completing her B.Ed., course, she had again re-continued her
M.Sc. Mathematics course in Alagappa University. This would effectively
mean that in one academic year, when she did her B.Ed., in the year 2006-
2007, she had enrolled as student both in Alagappa University and also in
Bharathiar University. Unfortunately, this is a fact which the petitioner can
never get over. The consolidated mark sheet of her M.Sc. Mathematics
issued by Alagappa University also clarifies the same, namely that she had
done two subjects in the year 2007 and other subjects in the year 2010 and
then completed the course. But there is no evidence to show that she had re-
continued the course with specific permission after discontinuing it in the
year 2006. There is a continuous flow from the year 2005-2010.
7. In view of that particular fact, the relief sought by the
petitioner cannot be granted. I would only wish the petitioner the very best
in her other future endeavours.
C.V.KARTHIKEYAN,J.
https://www.mhc.tn.gov.in/judis
W.P No.25249 of 2017
vsg
8. It is also represented by Mr.C.Kathiravan, learned Standing
Counsel appearing on behalf of the respondent that the selection process
had also been completed as early as on 19.10.2017.
9. The Writ Petition therefore stands dismissed. No costs.
Consequently, connected Civil Miscellaneous Petition is closed.
vsg 31.08.2023
Index:Yes/No
Neutral Citation:Yes/No
To
The Member Secretary
Teachers Recruitment Board
4th Floor, EVK Sampath Maaligai
DPI Compound, College Road,
Chennai- 600 006.
WP No.25249 of 2017
And
W.M.P.No. 26693 of 2017
https://www.mhc.tn.gov.in/judis
