K. Jothi Kanna v. State of Tamil Nadu Rep by its Secretary to Government Educational Department, Secretariat, Chennai
2012-06-04
M.JAICHANDREN
body2012
DigiLaw.ai
Judgment :- 1. This writ petition has been filed praying that this Court may be pleased to issue a Writ of Mandamus to direct the first respondent to appoint the petitioner, as a computer instructor, in any one of the Government Higher Secondary schools in Tamilnadu by conducting a Special examination for the said purpose. 2. The main contention of the learned counsel for the petitioner is that the third respondent had verified all the records relating to the educational qualifications of the petitioner and a verification certificate had also been issued by the fifth respondent, to the third respondent, on 26.9.2008. Therefore, the petitioner was under the bona fide impression that he would be issued with the hall ticket for the examination to be conducted on 12.10.2008. However, the hall ticket had not been issued to the petitioner. Thereafter, the petitioner had approached the second respondent, on 10.10.2008, when he had been informed that there was a break in service of the petitioner for a period of 16 months. Further, the petitioner had not been appointed by the ELCOT. The petitioner had also been informed that the candidates appointed by the Parent Teachers Association, as well as the Headmasters of the respective schools are not eligible to be considered for writing the examination. 3. It had been further stated that one Palani, who was working in the Higher Secondary School, Perungattur, Thiruvannamalai District, who was absent from duty for more than three years, had been issued with the hall ticket for the ensuing examination. In such circumstances, the denial of the hall ticket to the petitioner was arbitrary and unsustainable in the eye of law. 4. No counter affidavit had been filed on behalf of the respondents. However, from the submissions made by the learned counsel appearing on behalf of the petitioner and on a perusal of the records available, this Court is of the view that the relief prayed for by the petitioner, in the present writ petition, cannot be granted, at this stage. The averments and allegations made by the petitioner in the affidavit filed in support of the writ petition have not been sufficiently substantiated with the available records. The petitioner has also not been in a position to show as to how the procedure followed by the respondents in conducting the examination is erroneous and invalid.
The averments and allegations made by the petitioner in the affidavit filed in support of the writ petition have not been sufficiently substantiated with the available records. The petitioner has also not been in a position to show as to how the procedure followed by the respondents in conducting the examination is erroneous and invalid. Even otherwise this Court is not inclined to issue a direction to the first respondent to appoint the petitioner, as a computer instructor, in any one of Government High Schools in the State of Tamilnadu, as prayed for by the petitioner in the present writ petition. However, it goes without saying that the petitioner could write the subsequent examinations, if any, conducted by the third respondent, if he is found to be eligible, as per law. As such the writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.