1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.02.2011 CORAM: THE HONOURABLE MR.JUSTICE V.DHANAPALAN W.P.(MD).No.2213 of 2011 S.P.Ramesh : Petitioner Vs. 1.The Director, Directorate of Employment and Training, Guindy, Chennai 32. 2.The District Employment Officer, District Employment Office, Theni. : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to restore the name of the petitioner in the live register of the second respondent employment exchange with the same seniority dated 12.07.2002, as per decision rendered by the Full Bench of this Court dated 11.10.2007 in Review Application Nos.14 and 15 of 2007 in 2007 (6) MLJ 1583 and direct the second respondent to sponsor the petitioner's name against the existing vacancies in the Government Service for the post of Graduate Teacher as per the seniority dated 12.07.2002. For Petitioner : Mr.A.K.Manickam For Respondents : Mr.V.Rajasekaran Special Government Pleader O R D E R ********** The prayer in the Writ Petition is to issue a Writ of Mandamus directing the respondents to restore the name of the petitioner in the live register of the second respondent employment exchange with the same seniority dated 12.07.2002, as per decision rendered by the Full Bench of this Court dated 11.10.2007 in Review Application Nos.14 and 15 of 2007 reported in 2007 (6) MLJ 1583 and direct the second respondent to sponsor the petitioner's name against the existing vacancies in the Government Service for the post of Graduate Teacher as per the seniority dated 12.07.2002. https://hcservices.ecourts.gov.in/hcservices/ 2 2. According to the petitioner, after completion of Bachelor of Education, he had registered the same in the Employment Exchange. While so, he was appointed as a Graduate Teacher in a Private Educational Institution viz., Senthil Middle School, Keppurenganpatti, Theni on 29.04.2008 and continuously working in the said post as such. While the matter stood thus, his employment registration was suddenly removed by the second respondent from the Employment Exchange. On enquiry, it was informed by the respondents that persons, who 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 petitioner has come up with the present Writ Petition. 3. Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents. 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 https://hcservices.ecourts.gov.in/hcservices/ 3 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 shall have the name of the petitioner restored in the live register with the same seniority and the Employment Exchange is directed to sponsor the name of the petitioner against the existing vacancies without affecting any of the selected candidates. 6. In view of the above, the 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 the same seniority with effect from 12.07.2002 and further, the respondents are directed to sponsor the name of the petitioner to the available existing vacancies in future in Government Service for the post of Graduate Teacher as per the seniority of the petitioner. 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, Theni. +One Cc to Mr.A.K.Manickam, Advocate, SR.No.10270 +One Cc to The Spl. Govt. Pleader, SR.No.10413 NB rl/5c – 22.3.2011 ORDER MADE IN W.P.(MD).No.2213 of 2011 https://hcservices.ecourts.gov.in/hcservices/