1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.11.2011 CORAM: THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD)No.13316 of 2011 S.Senthilselvi ... Petitioner Vs. The Chairman, Teacher Recruitment Board, DPI Compound, College Road, Chennai. ... Respondent Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus to direct the respondent to permit the petitioner to participate in the Special Test for the direct recruitment for Noon-Meal Organizer/Anganwadi Workers as Graduate Assistant for the year 2009-2010 will be held on 27.11.2011 at PCKG Government Higher Secondary School, Arcot Road, Kodampakkam, Chennai-24. For Petitioner : Mr.C.M.Arumugam For Respondent : Mr.T.R.Janarthanan, Additional Govt. Pleader O R D E R The petitioner S.Senthilselvi, a daughter of Mr.Sargunam was appointed as a Noon-meal Organiser at the Child Welfare Planning Office, Paramakudi, Ramanathapuram District on 18.11.1993 by the District Collector, Ramanathapuram. Thereafter, she was transferred by the order of the District Planning Officer to Madurai on 02.08.2006. Since then, the petitioner is working in the same place. When Notification dated 25.10.2010, was issued by the respondent to conduct special written examination for the persons completed B.Ed., who are working in the Social Welfare Department and Integrated Child Welfare Department as Noon-meal Organiser/Anganwadi workers for the post of graduate assistance, the petitioner being eligible candidate obtained an application from the respondent to apply for the post of Anganwadi workers. Satisfying the eligibility criteria applied by the petitioner, the respondent also issued an Application bearing No.01301. The said application was sent by the petitioner to the respondent on 10.11.2010. Later on, the petitioner came to know that her application was not considered for the reason that the petitioner at the time of filling up the application, failed to obtain the counter signature in her application from the Programme Officer of the Integrated Child Development Scheme. After noticing the said mistake, the petitioner immediately by taking a xerox copy of the application obtained signature of the Programme Officer on 22.01.2011 and submitted the photo copy carrying the signature of the Programme Officer on 22.01.2011. But the petitioner was informed that her application was rejected. Immediately thereafter, a representation dated 18.11.2011 was submitted to the respondent mentioning that the only inadvertent mistake in not obtaining signature of Programme Officer of the Integrated Child Development Scheme has been properly complied with by submitting photo copy of the application https://hcservices.ecourts.gov.in/hcservices/ 2 along with the signature of the Programme Officer on 22.01.2011. Without considering the sufficient explanation offered by the petitioner in her representation dated 18.11.2011, the respondent refused to permit the petitioner to participate in the special test for the direct recruitment of Noon-meal Organiser for the post of graduate assistant. That is going to be held on 27.11.2011 at PCKG Government Higher Secondary School, Kodampakkam, Chennai. 2. In these circumstances, the grievance of the petitioner is, when the Notification dated 25.10.2010 called for application from eligible candidates, who are working as Noon-meal Organiser/Anganwadi Workers to submit their application for the post of graduate Assistant, the petitioner well before the expiry of the original date has submitted his application on 10.11.2010. But after the submission of the application, at the intervention of the order passed by this Court, challenging the Notification dated 25.10.2010, they have not conducted the interview. Since they have postponed the date of holding interview on 27.11.2011, by communication dated 19.11.2010, mentioning specifically that due to administrative reasons, the special test scheduled on 21.11.2010 has been postponed, even well before the original date of special test viz., 21.11.2010, the petitioner has rectified the mistake, by sending the photo copy of application carrying the signature of the Programme Officer on 22.01.2011. Therefore, the delay point cannot be put against the petitioner. As per the conditions mentioned in the original Notification, the petitioner has submitted her application well within the time, even after noticing that the signature of the Programme Officer was not obtained in the original application, the petitioner immediately sent a photo copy of the application on or before 22.01.2011. Therefore, the said inadvertent mistake that has been subsequently rectified by the petitioner herself cannot stand as a disqualification for a participation in the special test for direct recruitment for the post of graduate assistant. The petitioner is admittedly working as a Noon-meal Organiser from 18.11.1993. 3. In that view of the matter, this Court is inclined to direct the respondent to permit the petitioner to participate in the special test to be held on 27.11.2011 at PCKG Government Higher Secondary School, Kodampakkam, Chennai. With the above direction, this Writ Petition is disposed of. No costs. SD ASST REGISTRAR ( CO ) /TRUE COPY/ akv SUB ASST REGISTRAR To The Chairman, Teacher Recruitment Board, DPI Compound, College Road, Chennai. 2CC TO MR. C.M. ARUMUGAM, ADVOCATE, SR: 41235: DM::2011:NOVEMBER:24:: W.P.(MD)No.13316 of 2011 24.11.2011 2P:4C:: https://hcservices.ecourts.gov.in/hcservices/