IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 30.08.2010 Coram: THE HONOURABLE Ms. JUSTICE K.B.K.VASUKI W.P. No.4866 of 2009 and M.P. No. 1 of 2010 D.Paranthaman .. Petitioner vs. 1.The Member Secretary Teachers Recruitment Board College Road, Chennai-6. 2.The Director of Elementary Education, Chennai-6. 3.The District Elementary Educational Officer Krishnagiri District, Krishnagiri. .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorarified Mandamus, to call for the records of the third respondent in Na.Ka.No.389/A6/2008 dated 05.02.2009 and to quash the same and to direct the respondents to permit the petitioner to continue as Graduate Assistant (Zoology-Telugu) with all attendant and monetary benefits. For Petitioner : Mr. S.Kamadevan For Respondents : Mrs.E.Ranganayaki for RR1 to 3 Government Advocate (Education) O R D E R On consent, this writ petition is taken up for final hearing. 2. The writ petition is filed against the order of the third respondent in his proceedings in Na.Ka.No.389/A6/2008 dated 05.02.2009 and to quash the same and to direct the respondents to https://hcservices.ecourts.gov.in/hcservices/ permit the petitioner to continue as Graduate Assistant (Zoology- Telugu) with all attendant and monetary benefits. 3.The brief facts which are relevant for consideration herein are that the petitioner completed his B.Sc. Zoology and B.Ed., during 1995 and 1998 and duly registered his name in the Employment Exchange on 09.07.1998. While he was waiting for the employment, the first respondent / Teachers Recruitment Board called for list of candidates from Employment Exchange and the petitioner is one of the persons sponsored by the Employment Exchange and the petitioner was provisionally selected as Graduate Assistant under BC category and the same is followed by the order of appointment issued by the second respondent, thereby appointing the petitioner as Graduate Assistant at Mugulur Panchayat Union Middle School in Hosur Panchayat Union. The petitioner joined the post during January 2009. While he was working in such capacity, the petitioner was served with the order of the third respondent dated 05.02.2009, which is impugned herein, in and under which, the petitioner is terminated from service on the ground that the selection is made on the basis of wrong entry in respect of his date of registration. 4.The learned counsel for the petitioner has challenged the correctness of the order mainly on the ground that the impugned order terminating the service of the petitioner is passed by way of major penalty, without any show cause notice, without any charges, without any enquiry and without giving any opportunity to the petitioner for being heard and to defend his case as such the same is in violation of principles of natural justice and the procedure laid down under the law. 5.Heard the rival submissions made on both sides. 6.The perusal of the provisional selection order dated nil date November 2008 and allotment order dated nil date December 2008 and the appointment order dated 09.01.2009 passed by the first respondent/ the Member Secretary, Teachers Recruitment Board, the second respondent / the Director of Elementary Education and the third respondent / the District Elementary Educational Officer respectively, which are enclosed at pages 1 to 5, would reveal that the petitioner is selected as Graduate Assistant and after duly appointed so, posted at Mugulur Panchayat Union Middle School, after verification of all the particulars and all the supportive documents. It is nobody's case that the selection is based on the particulars submitted by the petitioner, which is later on found to be false. However, the appointment of the petitioner is within one month cancelled and the petitioner is terminated from service, but the impugned order does not contain any particulars as to what is the date of the registration and how it is erroneously entered and how it misguided the concerned authorities in selecting the petitioner for the appointment to the https://hcservices.ecourts.gov.in/hcservices/ post of Graduate Assistant. The petitioner has also not given show cause notice before passing the order of termination to give him an opportunity to place his objections about the reason, for which his service is sought to be terminated. That being the manner, in which the impugned order involving civil consequences came to be passed, the same is in the absence of any opportunity to the petitioner unfair, arbitrary, illegal and is hence legally unsustainable. 7.In the result, the writ petition is allowed and the order of the third respondent in his proceedings in Na.Ka.No.389/A6/2008 dated 05.02.2009 is quashed as prayed for, however, with liberty given to the respondents to proceed further in accordance with law. No costs. The connected miscellaneous petition is closed. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar kj To 1.The Member Secretary Teachers Recruitment Board College Road, Chennai-6. 2.The Director of Elementary Education, Chennai-6. 3.The District Elementary Educational Officer Krishnagiri District, Krishnagiri. +1cc to Mr.S.Kamadevan, Advocate Sr 64074 NSM(CO) km/23.9. W.P. No.4866 of 2009 and M.P. No. 1 of 2010 https://hcservices.ecourts.gov.in/hcservices/