1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04/08/2011 C O R A M THE HONOURABLE Mr.JUSTICE S.MANIKUMAR W.P.(MD)No.3225 of 2011 R. Palanikumar ... Petitioner Vs. 1. The State rep. By its Secretary to Government School Education Department Secretariat Building Chennai. 2. The Chairman Teachers Recruitment Board 4th Floor, EVK Sampath Building College Road Chennai 600 006. 3. The Commissioner Commissionerate Department of Employment and Training Guindy Chennai 600 032. 4. The District Employment Officer District Employment Office Building Virudhunagar District Virudhunagar. ... Respondents Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus to direct the second to fourth respondents to select and appoint the petitioner in the post of Computer Instructors for Government Higher Secondary School 2009 – 2010 through Employment Registration Seniority 2010 under Scheduled Caste Arundhadhiyars priority category based on the petitioner's seniority with all service and monetary benefits. For petitioner ... Mr.P.Pethu Rajesh For respondent ... Mr.T.S.Mohammed Mohideen, AGP https://hcservices.ecourts.gov.in/hcservices/ 2 O R D E R The petitioner, belonging to Scheduled Caste Arunthathiyar Community, not selected for the post of Computer Instructor in Government Higher Secondary School, for the year 2009-2010, has filed the present writ petition for a Mandamus, directing the respondents 2 to 4 to select and appoint him to the abovesaid post under the Scheduled Caste Arunthathiyar Community on priority category. 2. According to the petitioner, he has registered his B.Ed., qualification with the District Employment Office, Virudhungar, 4th Respondent herein, on 27.9.2010. On 11.11.2010, he has also registered his certificate of Dependency of Ex-Servicemen before the 4th Respondent and his registration number is 5569/2000. Pursuant to the proceedings of the Chairman, Teacher's Recruitment Board, dated 21.12.2010 in Thoo.Pa. 1/34934/2010, out of total 175 vacancies for appointment to the post of Computer Instructors in Government Higher Secondary School 2009-2010, posts were reserved for SAC- priority candidates. On 18.2.2011, a list of candidates selected for certificate verification was published by the 2nd Respondent, wherein the name of the petitioner was omitted. Pursuant to the above, provisional results were published. As the petitioner was not considered against the vacancy reserved for SCA- priority category, he has approached the fourth respondent. The petitioner was also informed that a second list of eligible candidates was forwarded to the second respondent, wherein, the name of the petitioner was included. As per the Second list furnished by the 4th Respondent, the petitioner's name was included at Sl.No.1 under SCA- priority category. It is the grievance of the petitioner that though he is qualified for appointment under SCA- priority category, he was not called for certificate verification, due to the lethargic attitude of respondents 3 and 4. He has also submitted that seats earmarked for the abovesaid community have not been filled up. Hence, the present writ petition. 3. The Principal Secretary, Teachers' Recruitment Board, second respondent herein, in his counter affidavit, has submitted that in accordance with Government orders vide G.O.Ms.No.140, School Education (H2) Department, dated 19.04.2010, the Teachers Recruitment Board took measures to recruit 175 Computer instructors to various Government Higher Secondary Schools through employment seniority. Accordingly, the Teachers Recruitment Board, in its letter No.590/A3/2010, dated 11.08.2010, addressed the Commissioner, Employment and Training, Guindy, Chennai 600 032, to sponsor candidates in the ratio 1:5, following communal reservation. The Teachers Recruitment Board has received a list of 837 candidates sponsored by the employment exchange, vide letter No.Thopa/34934/2010, dated 21.12.2010. On receipt of the list from the employment exchange, the Board took measures to conduct certificate verification for those candidates sponsored by the employment exchange. Accordingly, the Board fixed the dates for certificate verification on 21.02.2011 and 22.02.2011 at the District headquarters, viz.,Chennai, Cuddalore, Erode, Tirunelveli and https://hcservices.ecourts.gov.in/hcservices/ 3 Sivagangai respectively and call letters were dispatched to the candidates for certificate verification. 4. The second respondent has further submitted that the Board received a supplementary list, containing the names of 75 candidates sponsored by the employment exchange on 14.02.2011. Since the certificate verification process had already been started, the Board returned the list to the employment exchange, informing the position. As scheduled, the Board conducted the certificate verification on 21.02.2011 and 22.02.2011 and the copies of the certificates produced and the Intellectual Character Recognition form filled in by those candidates who attended certificate verification were received back at the office of the Teachers Recruitment Board. After completion of certificate verification, the Board released the list of 173 provisionally selected candidates in the Teachers Recruitment Board website on 28.02.2011. When the above said process was going on, the Employment Exchange sent supplementary list of candidates, containing the name of 75 candidates on 14.02.2011 for the post of Computer Instructor. 5. The second respondent submitted that as the process relating to recruitment of computer teachers had already commenced on 8.2.2011 by sending letters for certificate verification, no further action could be taken on the supplementary list sent by the Employment Exchange. If the candidates sponsored through the supplementary list had to be considered, at that time 10 days time should have been given to them to attend the verification. Due to paucity of time and as the selection list had to be published before the end of February' 2011, the supplementary list was not considered and that the same was returned back to Employment Exchange, as it was considered that the recruitment process already started would be delayed or stopped. 6. Heard the learned counsel for the parties and perused the materials available on record. 7. On this day, when the matter came up for hearing, on instructions from the Joint Director of Teachers' Recruitment Board, Mr. Mohammed Mohideen, Additional Government Pleader submitted that, pursuant to the request made by the Chairman, Teachers' Recruitment Board, Chennai, in its letter No.590/A3/2010, dated 11.8.2010, to fill up 175 posts of Computer Instructors in Government Schools for the year 2009 - 2010, the Director of Employment Exchange, Chennai, has forwarded a list, dated 21.12.2010 of 837 candidates, who have registered their educational qualifications, suitable for the post of Computer Instructors. 8. Learned Additional Government Pleader further submitted that out 175 notified posts, 5 posts were ear-marked for candidates belonging to SC Arundhathiars. He also submitted that in the list of 837 candidates, sent on 21.12.2010, there were only 4 SC Arundhadhiar candidates. After verification of the eligible certificates, pertaining to eligibility and community certificates, on 21.2.2011 https://hcservices.ecourts.gov.in/hcservices/ 4 and 22.2.2011 at 5 Districts, 4 candidates belonging to SC Arundhadhiars were selected and consequently, appointment orders were also issued. 9. Learned Additional Government Pleader further submitted that when the selection was under process, on the basis of the first list forwarded by the Director of Employment and Training, Chennai, yet another list dated 11.2.2011 was sent by the Directorate. As the selection process had already commenced, vide Rc.No.590/A3/2010, dated 14.12.2011, the Chairman Teachers' Recruitment Board had returned the list of 74 candidates to the Directorate of employment. 10. Learned Additional Government Pleader also submitted that out of 5 posts, exclusively ear-marked for SC Arundhadhiars, only 4 were selected from the first list and that there were dearth of candidates from the above said Community. Thus, it is evident, that one candidate from S.C Arundhadhiars is yet to be selected as against the vacancy notified. 11. At this juncture, it is pertinent to note that when reservation is exclusively made to a particular community by the Government, then it is imperative on the part of the recruiting agencies to seek for additional list from the concerned employment exchange and in as much as, in the case on hand, the Director of Employment Exchange and Training, Chennai had already sent a further list, and if there was any candidate, eligible for consideration, as per the Recruitment Rules, selection ought to have been made and forwarded to the appointing authority. In the case of hand, selection to only four vacancies has been made and in spite of dearth of candidates in the first list, the Teachers' Recruitment Board, has not called for any subsequent list, on the ground that, the process was already set in motion and that therefore, it was not possible to entertain any additional list. 12. In view of the above, the Teachers' Recruitment Board/second respondent, is directed to address the Directorate of Employment Exchange, Chennai to sponsor, eligible candidates for selection to the post of Computer Operators under S.C Arundhadhiar Community. Considering the submission of the learned Additional Government Pleader that the selection is purely based on employment registration seniority, a direction is issued to the second respondent to consider the case of the petitioner for appointment to the post of Computer Instructors in Government Higher Secondary School for the year 2009 - 2010 provided and he is senior in the list forwarded to the Board, subject to the eligibility criteria and the verification of certificates. As selection to 173 posts have already been made and probably, by this time, appointment orders would have been issued to the selected candidates, and the delay in selection, consequential appointment would certainly cause hardship and even disturbance in seniority. This Court sincerely hopes that the Teachers' Recruitment Board would comply with the directions of this Court within two weeks and the Directorate of Employment and Training, Chennai would sponsor eligible candidates belonging to S.C https://hcservices.ecourts.gov.in/hcservices/ 5 Arundhadhiars. A further direction is also issued to the Directorate and Employment, Chennai, to forthwith send eligible candidates belonging to the above said community, so as to enable the Teachers' Recruitment Board to select a suitable candidate as stated supra. No costs. Consequently, the connected Miscellaneous Petitions are closed. Sd/- Deputy Registrar (Writs) /True Copy/ Assistant Registrar To 1. The Secretary to Government School Education Department Secretariat Building, Chennai. 2. The Chairman Teachers Recruitment Board 4th Floor, EVK Sampath Building College Road Chennai 600 006. 3. The Commissioner Commissionerate Department of Employment and Training Guindy Chennai 600 032. 4. The District Employment Officer District Employment Office Building Virudhunagar District Virudhunagar. +1 CC to Special Government Pleader (SR.No.26405) +1 CC to Mr.P.Pethu Rajesh, Advocate (SR.No.26312) W.P.(MD) No.3225 of 2011 4/8/2011 mvs/skm NSV/6.9.11/5P/7C https://hcservices.ecourts.gov.in/hcservices/