Madras High Court
S.Janathipathi vs State Of Tamil Nadu on 20 February, 2025
Author: G.Jayachandran
Bench: G.Jayachandran
W.A.MD) No.1225 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 20.02.2025
CORAM:
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
AND
THE HONOURABLE MS.JUSTICE R.POORNIMA
W.A(MD)No.1225 of 2019
S.Janathipathi ... Appellant/Petitioner
-Vs-
1.State of Tamil Nadu,
Rep by its Secretary,
School Education Department,
Secretariat,
Chennai-9.
2.The Chairman,
Teachers Recruitment Board,
4th Floor, EVK Sampath Maaligai,
DPI Compound,
College Road,
Chennai-6.
3.S.Balan
4.S.Sangeetha ...Respondents/
Respondents
Page 1 of 7
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W.A.MD) No.1225 of 2019
PRAYER: Writ Appeal filed under Clause XV of Letters of Patent Appeal,
against the order dated 14.08.2019 made in W.P(MD)No.17457 of 2014 passed by
this Court.
For Appellant : Mr.A.John Vincent
For R1 : Mr.S.Vinodh
For R2 : Mr.VR.Shanmuganathan
For R3 & R4 : No appearance
JUDGMENT
DR.G.JAYACHANDRAN, J.
AND
R.POORNIMA, J.
The petitioner was lost his writ petition seeking Certiorarified Mandamus to
quash the Memo No.2579/A3/2013 dated 20.10.2014 and consequential direction
to the second respondent to issue call letter for the selection of P.G Assistant
Political Science, in the School Education Department under Most Backward
Community quota.
2.The sum and substance of the writ petition is that the appellant, who
possessed all requisite qualifications to be appointed as P.G, Assistant in the
School Education Department, applied for the said post pursuant to the
advertisement dated 09.05.2013, placed by the Teachers Recruitment Board
inviting applications for the direct recruitment to the post of P.G, Assistant. As per
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the said Notification, there was only one vacancy in Political Science Department
and reserved for Most Backward Community. Having secured 68 marks in the
examination, he expected to receive call letter, but the second respondent did not
issue call letter to him, whereas appointing the private respondents 3 and 4 to the
post of P.G, Assistant(Political Science).
3.The State through Secretary, School Education and the Chairman,
Teachers Recruitment Board contested the writ petition stating that for the year
2012 - 2013 Notification was issued inviting applications for the eligible
candidate to fulfil around 2881 posts of P.G, Assistant in the School Education
Department. In the said Notification, one vacancy in the Political Science subject
reserved for MBC was notified. During the process of selection, request from
Chennai Corporation, Director of Backward Classes and Most Backward Classes
Welfare Department intimating one vacancy in each of the Department was made,
since, as per roster, the subsequent vacancy was General Turn, by one of addende
to the earlier Notification, two vacancies in the Department of Political Science in
the General Turn was notified. As per the Recruitment Board, the candidate from
MBC Community has to secure 50% of the mark in the written examination,
which is 75 out of 150. The writ petitioner herein secured only 63 marks and
therefore, he was not eligible for further consideration. The two other candidates,
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who are arrayed as respondents 3 and 4 belong to BC and SC Community
respectively and they were selected under General Turn(GT) and they have
secured 75 marks and 68 marks respectively in the written examination.
4.Considering the submission, the learned single Judge dismissed the writ
petition holding that for the vacancy in the year 2012 - 2013, the Notification
dated 09.05.2013, identified only one vacancy in Political Science and the post
meant for MBC candidate. The respondents 3 and 4 were appointed under
GT/fully vacant after 09.05.2013. But before the completion of the recruitment,
their applications were pursuant to addende issued notifying the additional
vacancy. The learned single Judge has pointed out that non-consideration of the
writ petitioner's application on the ground that he is not secured minimum
required marks and the respondents 3 and 4 were appointed since they have
secured higher marks than the writ petitioner and the present writ petition seeking
appointment after 5 ½ years is not sustainable.
5.The learned counsel appearing for the appellant made strenuous attempt
to impress upon the Court that there was no cut-off criteria subsequently
mentioned in the Notification and in the previous year, the candidates belonging
to MBC Community securing 50% were called for certificate verification. He
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would further submit that there is no explanation from the State how the vacancy
of one post in Political Science meant for MBC filled.
6.The learned counsel appearing for Teachers Recruitment Board would
submit that one post in Political Science reserved for MBC was carried forward
for the subsequent Notification and the same was filled up in the year 2017 -
2018.
7.This Court, on considering the facts placed before us, finds that the
appointment of the respondents 3 and 4 is under General Turn and they have
secured more marks than the writ petitioner herein. Even if there is no cut-off
marks mentioned in the Notification, the writ petitioner is not eligible as a matter
of right to get appointment, ahead of the respondents 3 and 4, who have secured
more marks than the writ petitioner/appellant.
8.That apart, his claim that MBC quota filled up by non MBC candidate is a
false ground and that the respondents 3 and 4 were appointed not in the place of
MBC candidate, but in the place of General Turn as per the roster. The vacancy
notified in the year 2013 for MBC candidate appears to have been carried forward
subsequently filled up from among the candidates of MBC.
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9.In view of the aforesaid observations, the writ appeal stands dismissed.
No order as to costs.
[G.J., J.] & [R.P., J.]
20.02.2025
NCC : Yes / No
Index : Yes / No
Ns
To
1.State of Tamil Nadu,
Rep by its Secretary,
School Education Department,
Secretariat,
Chennai-9.
2.The Chairman,
Teachers Recruitment Board,
4th Floor, EVK Sampath Maaligai,
DPI Compound,
College Road,
Chennai-6.
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DR.G.JAYACHANDRAN, J.
AND
R.POORNIMA, J.
Ns
20.02.2025
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