1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 10.03.2011 CORAM: THE HONOURABLE MR.JUSTICE K.VENKATARAMAN W.P(MD)No.879 of 2011 A.Balamani .. Petitioner Vs. 1.The Director, Directorate of Employment and Training, Guindy, Chennai – 32. 2.The District Employment Officer, District Employment Office, Virudhunagar, Virudhunagar District. .. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 and 2 to restore the name of the petitioner in the live register of the 2nd respondent employment exchange with the same seniority dated 15.10.1999 as per decision of this Court in W.P.No.5691 of 2009 dated 21.07.2009 and direct the 2nd respondent to sponsor of the petitioner's name against existing vacancies in the Government Schools as per the seniority dated 15.10.1999 in the next selection process. For Petitioner : Mr.S.Alagusundar For Respondents : Mr.V.Rajasekaran Spl.Govt.Pleader ORDER The petitioner has come up with the present writ petition for a Mandamus, directing the respondents 1 and 2 to restore her name in the live register of the 2nd respondent employment exchange with same seniority, dated 15.10.1999, as per decision of this Court in W.P.No.5691 of 2009 dated 21.07.2009 and direct the 2nd respondent to sponsor her name against existing vacancies in the Government Schools as per the seniority dated 15.10f.1999 in the next selection process. https://hcservices.ecourts.gov.in/hcservices/ 2 2.The Full Bench of this Court in the judgment reported in 2007 (5) CTC 561 (Sivakumari, R. v. Ramanthapuram Mavatta Payirchipetra Edainilai Asiriyargal Sangam) has held as follows:- “39. ... (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 05.04.2007 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.” 3.When one J.Suguna has approached this Court by filing a writ petition in W.P.(MD)No.5691 of 2009, seeking a similar relief, which https://hcservices.ecourts.gov.in/hcservices/ 3 has been sought for by the petitioner herein, this Court by an order dated 21.07.2009, considering the above referred Full Bench decision has allowed the writ petition and directed the second respondent therein to restore and register the name of the petitioner thereon in the employment live register maintained by him with original seniority and intimate the same to the petitioner. 4.In view of the same, the present writ petition also deserves to be allowed and accordingly allowed. The second respondent is directed to restore the seniority of the petitioner and register the name of the petitioner in the employment live register maintained by him with original seniority and further directed to intimate the same to the petitioner within a period of three weeks from the date of receipt of a copy of this order. No costs. Sd/- Assistant Registrar(C.O.) /True Copy/ Sub Assistant Registrar To 1.The Director, Directorate of Employment and Training, Guindy, Chennai – 32. 2.The District Employment Officer, District Employment Office, Virudhunagar, Virudhunagar District. +1cc to Mr.S.Alagusundar, Advocate Sr.No.5737 +1cc to The Special Government Pleader, SR.No.5976 MPK akm/15.03.11 /3p-5c/ ORDER MADE IN W.P(MD)No.879 of 2011 10.03.2011 https://hcservices.ecourts.gov.in/hcservices/