1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:27.01.2011 CORAM: THE HONOURABLE MR.JUSTICE V.DHANAPALAN W.P.(MD)No.904 of 2011 Y.Josephine Rose Mary ... Petitioner Vs 1.The Director, Directorate of Employment and Training, Guindy, Chennai-600 032. 2.The District Employment Officer District Employment Office Dindigul District. ... Respondents Writ Petition is filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus directing the respondents to restore the petitioner's name in the live register of the second respondent employment exchange with the same seniority with effect from May, 2000 and further direct the second respondent to sponsor the name of the petitioner against any existing vacancies in future in the Government Service for the post of Secondary Grade Teacher. For petitioner : Mr.R.Surianarayanan For respondents : Mr.V.Rajasekaran Spl.Govt.Pleader ORDER The prayer in this writ petition is to issue for a Writ of Mandamus directing the respondents to restore the employment seniority of the petitioner in the employment Live Register of the second respondent with the same seniority with effect from May, 2000 and further direct the second respondent to sponsor the name of the petitioner against the existing vacancies in future in the Government Service for the post of Secondary Grade Teacher. 2. The learned counsel for the petitioner would submit that, after her graduation, she did her B.Ed decree and registered the same in the Employment Exchange concerned. While so, she was appointed as B.T.Assistant (Maths) in a Private Educational Institution and continuously working in the said post as such. While the matter stood thus, her employment registration was suddenly removed by the second respondent from the Employment Exchange. On enquiry, it was informed by the respondents that persons already employed in a Private Aided Schools are not entitled to be sponsored by the Employment Exchange and therefore, the petitioner's name cannot be continued in the Employment Live Register further. Aggrieved by the same, the present Writ Petition has been filed. 3. Heard the learned counsel for the petitioner and the learned Special Government Pleader for the respondents. https://hcservices.ecourts.gov.in/hcservices/ 2 4. After elaborate arguments and discussion, the learned counsel on either side have submitted that the issue involved in the earlier round of litigation ended in the ultimate ruling delivered by a Full Bench of this Court reported in 2007 (6) MLJ Mad 1583 (R.SIVAKUMARI AND 17 OTHERS v. RAMANATHAPURAM MAVATTA PAYIRCHIPETRA EDAINILAI ASIRIYARGAL SANGAM, REP.BY ITS SECRETARY, REP. BY ITS SECRETARY AND 4 OTHERS), wherein this Court passed the following order: "39.In the result, all the Review Applications are allowed on the following terms: (a) Persons who are in employment in Private aided Schools are not disqualified from having their names retained in the rolls of the Employment Exchanges. Therefore, the deletion of the names of persons already in service in Private Aided Schools, from the live registers of the Employment Exchanges, is violative of Articles 16 and 19(1)(g) of the Constitution and the same is not also authorised by any law. (b) The demand made by the respondents for a No Objection Certificate from the Managements of the Private Aided Schools, for sponsoring the names of those candidates for recruitment to Government posts, is also illegal as it is not based upon any law. (c) The cancellation of appointments of some of the selected candidates now sought to be made in pursuance of the Judgment of the Division Bench in W.P.No.910 of 2007 dated 5.4.2007 is illegal and hence, such cancellation orders shall be recalled and those persons will have to be reinstated in service. (d) Persons already in employment in Private Aided Schools, whose names were deleted from the live register of the Employment Exchange shall have their names restored in the live registers with the same seniority and the Employment Exchanges are directed to sponsor their names against existing vacancies. (e)The restoration of the names of already employed candidates in the live registers of the Employment Exchanges, pursuant to the above directions, shall not affect any of the selected candidates. (f)All future recruitments shall be made only in accordance with the statutory rules and not in accordance with executive instructions which are inconsistent with statutory rules." 5. In the light of the above ruling, the Employment Exchange concerned shall have the name of the petitioner restored in the live register and the Employment Exchange concerned is directed to sponsor the name of the petitioner against the existing vacancies in future. 6. In view of the above, this Writ petition stands disposed of with a direction to the respondents to restore the employment seniority of the petitioner in the employment Live Register with effect from May,2000 and further, the respondents are directed to sponsor the name of the https://hcservices.ecourts.gov.in/hcservices/ 3 petitioner to the available existing vacancies in future in the Government Service for the post of Secondary Grade Teacher without affecting any of the selected candidates. Sd/- Assistant Registrar (CO) /True copy/ Sub Assistant Registrar(C.S) To 1.The Director, Directorate of Employment and Training, Guindy, Chennai-600 032. 2.The District Employment Officer District Employment Office Dindigul District. +1 CC to Special Government Pleader, Sr.No.3151 ssm W.P.(MD)No.904 of 2011 27.01.2011 TR : 14.02.2011 : 3p/4c https://hcservices.ecourts.gov.in/hcservices/