1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:21.11.2011 CORAM: THE HONOURABLE MR.JUSTICE T.RAJA WP(MD)No.11175 of 2011 and MP(MD)No.1 of 2011 A.Perumal :Petitioner -Vs- 1.The Director of School Education, College Road, Chennai- 600 006. 2.The Teacher's Recruitment Board, College Road, Chennai. :Respondents Prayer:Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus to direct the respondents, particularly the Teachers Recruitment Board, Chennai to give appointment order appointing the petitioner as Graduate Teacher/B.T.Assistant in Government/Middle/High/Higher Secondary Schools for the year 2010-2011 on the basis of the certificate verification held on 03.08.2011. For Petitioner : Mr.A.Thirumurthy For Respondents: Mrs.S.Bharathi,Government Advocate ORDER This Court has already passed an order on 18.10.2011 which is extracted as under: "The Petitioner/A.Perumal acquired B.A(Economics) in the year 1990 and M.A(Economics) in the year 1992. He also additionally acquired B.Ed., in English and Social Studies in the year 1995. With these qualification, the petitioner has also registered his name in the Employment Exchange in the year 1998. 2.Subsequently, having waited for 17 years, he was not called for any certificate verification even though vacancies arose in the year 1995. The petitioner finally filed W.P(MD)No.1323 of 2010, before this Court under Article 226 of the Constitution of India, seeking a Writ of Mandamus to direct the third respondent to restore the name of the petitioner bearing Employment Registration No.M.11223/93 in the Register and in the list of candidates for the post of Graduate Teacher in Economics/B.T. Assistant and to sponsor the name of the petitioner to the second respondent for recruitment of the petitioner as B.T. Assistant in Government/Middle/High/Higher Secondary Schools for the year 2010-2011 through Employment Exchange Registration Seniority. 3.This Court by order dated 07.10.2011 has given a specific direction to the District Elementary Educational officer, Madurai to consider the claim of the petitioner if the petitioner is otherwise qualified and eligible and also in the light of https://hcservices.ecourts.gov.in/hcservices/ 2 G.O.Ms.No.263(School Education), M2 Department), dated 21.12.2006, shall elect and appoint him as Graduate Assistant/B.T.Assistant for Government Middle/High/Higher Secondary School for the year 2010- 2011. 4.Subsequently, the Director of Employment and Training in his proceedings, dated 15.07.2011 forwarded the name of the petitioner to the Assistant Director of Employment and Training for consideration of the petitioner's name for appointment. Subsequently, the petitioner was also issued with a notice dated 26.07.2011, calling upon the petitioner to appear for certificate verification to be held on 03.08.2011. The petitioner also with all the requisite certificates appeared for the certificate verification. Under these circumstances, the grievance of the petitioner is that when everything went on well in favour of the petitioner, subsequently the Teacher's Recruitment Board has also selected the petitioner's Roll No.D 002084202, but wrongly mentioned some other name, namely, K.Ramathilagam, instead of the petitioner. In view of the confusion arisen in the selection of Graduate Assistant showing the petitioner's Roll No.02084202, the petitioner immediately made a representation, dated 20.09.2011 to the Teachers Recruitment Board to rectify the mistake and to reply for the same, since he has been waiting for more than 17 years for appointment to the post of Graduate Assistant. 5.But till now, no response has been forthcoming from them. The record as shown by the petitioner clearly shows that Petitioner's Roll Number has been shown as selected for the post of Graduate Assistant, but wrongly the name has been shown as K.Ramathilagam. 6.It is also pertinent to mention that the petitioner, on earlier occasion, filed writ petition in W.P.(MD) No.1323 of 2010 seeking a prayer to include his name in the list of candidates for the post of Graduate Teacher in Economics/B.T. Assistant and sponsor him to the second respondent for recruitment as B.T. Assistant in Government Middle/High/Higher Secondary Schools for the year 2010- 2011 on the basis of the seniority maintained by the employment exchange. This Court also by order dated 07.12.2010 directed the respondents to consider his claim, if the petitioner was otherwise qualified and eligible in the light of G.O.Ms.No.263, School Education (M2) Department, dated 21.12.2006 to select and appoint him as Graduate Teacher/B.T. Assistant for Government Middle/High/Higher Secondary School for the year 2010-2011. When there was a direction by this Court, the second respondent Recruitment Board could have considered the case of the petitioner more scrupulously than carelessly. 7.Therefore, a senior member of the Teacher's Recruitment Board is directed to appear before this Court to verify as to why the petitioner's Roll No.D 02084202 was found selected, but wrongly shown the name as K.Ramathilagam and also to explain before this Court as to why such mistake has occurred. 8.Post this matter on 28.10.2011." https://hcservices.ecourts.gov.in/hcservices/ 3 2.Subsequently, a detailed counter affidavit has been filed by the second respondent by bringing to the notice of this Court the entire facts that the petitioner has completed B.A., English in May 2010 and registered the degree with the employment exchange only on 23.11.2010. But the cut off date of the last candidate selected under B.C. Category for Graduate Assistant in English being 31.08.2006, though the petitioner has completed his graduation in English only in May 2010, he is not coming within the selection zone. In respect of the other persons, the Government has issued the G.O.Ms.No.263, School Education (M2) Department dated 21.12.2006, exempting the provision of Rule 9 of the Tamil Nadu School Educational Subordinate Service Special Rules and appointed Mr.K.Govindarajan and 13 others, who were retrenched from census department as School Assistants as a special case, only in the light of the order passed by the Apex Court. Since the above relaxation was granted to the above said 13 members based on the direction issued by the Honourable Supreme Court, the petitioner cannot equate himself with the other 13 candidates, as they are not similarly placed persons like the petitioner. 3.Prima facie in view of the late registration of the subjects viz., B.A. Economics on 02.11.1998 and the B.A. English on 23.11.2010, the petitioner could not be selected for the post of Graduate Assistants, for the reason that the cut off date of the last candidate selected under B.C category for Graduate Assistant in English is 31.08.2006 whereas the petitioner has completed his graduation only on May 2010. Therefore, he is not coming within the zone of selection. 4.In that view of the matter, this Writ Petition is dismissed. No costs. Consequently, the connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (Records) / TRUE COPY / Sub Assistant Registrar To: 1. The Director of School Education, College Road, Chennai- 600 006. 2. The Teacher's Recruitment Board, College Road, Chennai. +1CC to Mr.A.Thirumurthy, Advocate. SR.No.40625. Akv RP/29.12.2011/3P/4C. W.P.(MD)No.11175 of 2011 21.11.2011 https://hcservices.ecourts.gov.in/hcservices/