Research › Search › Judgment

Madras High Court · body

2014 DIGILAW 482 (MAD)

R. R. Lakshmi v. Assistant Director, Professional & Executive Employment Exchange Office

2014-02-25

M.VENUGOPAL

body2014
JUDGMENT 1. The Petitioner has preferred the instant Writ of Certoriarified Mandamus praying for issuance of an order by this Court, in calling for the records on the file of the Second Respondent relating to the recruitment for the post of Graduate Assistants in Geography under 'MGPR Quota' and to quash the impugned notification dated 08.09.2011 to the extent that 'Candidate under Most Backward General Priority is not available'. Further, he has sought for a direction for passing of an order by this Court in directing the Second Respondent to call him for Certificate Verification for the post of Graduate Assistant in Geography under 'MGPR Category' and also direct the First Respondent to recommend her candidature to the Second Respondent for Certificate Verification for the post of Graduate Assistant in Geography. 2. According to the Petitioner, she is working as a teacher in a private school on temporary basis from the year 1995 and she possesses the requisite educational qualification to be a teacher in accordance with G.O.Ms.361 of School Education Department dated 31.12.1999. She passed her Bachelor of Science in Geography in 1985 and secured Post Graduation in April 1988. She also completed B.Ed Degree during October 1988 from the University of Madras. Further, she obtained Post Graduation in Education (M.Ed) from University of Madras during November 1999. Besides these qualifications, she also obtained M.Phil Degree during September 1989 in Geography to her credit. In short, with her M.Sc., M.Phil, M.Ed she is fully qualified to be a teacher in Geography. 3. With the M.Sc., M.Ed, M.Phil qualifications, Petitioner registered her name in the Employment Exchange office for the post of teacher and her Employment Exchange Registration No.3083/1990 and the date of her registration is 07.06.1990 with the First Respondent. She renewed her registration periodically without any break with the First Respondent and her Registration is in force and still alive upto 2015. Added further, she has been waiting optimistically for a chance of getting a teacher post from June 1990 for the past 23 years. 4. She belongs to Most Backward Community and she is placed under MGPR (Most Backward General Priority) in terms of communal rotation. 5. Added further, she has been waiting optimistically for a chance of getting a teacher post from June 1990 for the past 23 years. 4. She belongs to Most Backward Community and she is placed under MGPR (Most Backward General Priority) in terms of communal rotation. 5. It is the stand of the Petitioner that till date, she has not been called for any interview by the First Respondent except for only once in September 2008 for Graduate Assistant in Geography for Certificate Verification No.13140 vide TRB Memo No.3285/AH2/2008 dated 16.09.2008. She attended the certificate verification session on 24.09.2008 but no information about the selection was given by the Second Respondent until she resorted to RTI procedure dated 23.05.2011. She was informed by the Second Respondent that no selection of Graduate Assistant in Geography was made as per letter No.OM No.655/Ah2/2011 dated 15.06.2011. 6. The Learned counsel for the Petitioner contends that the Second Respondent had wrongly stated that no candidate was available for Graduate Assistant in Geography under MGPR quota, despite the fact that Petitioner is a MGPR candidate and she is also very much available in all respects not only in terms of seniority but also based on requisite qualification. 7. The Petitioner came to know about selection of Graduate Assistants (Geography) for the year 2010-2011, through press note Dinamalar, Chennai Edition dated 09.09.2011 and through Government Web-site dated 08.09.2011. Out of 17 vacancies in Geography Graduate Assistants, 12 were selected, 2 were withheld and 3 were not selected. The selection list shows that candidate under category 'MGPR' are not available. 8. Advancing her arguments, the Learned counsel for the Petitioner submits that Petitioner is eligible to be appointed as Graduate Assistant in Geography under MGPR category but the Respondents have not selected her and passed impugned notification dated 08.09.2011 stating that no candidate was available for Graduate Assistant in Geography under MGPR category and resultantly, she was deprived of selection to the post of Graduate Assistant in Geography. 9. Apart from the above, the Petitioner sent a Representation dated 05.11.2011 to the First Respondent/ Assistant Director, Professional & Executive Employment Exchange Office, Santhome, Chennai-4 enquiring about recommending her candidature to the Second Respondent. The First Respondent in January 2012 had stated that he would consider her case when opportunity arises. 9. Apart from the above, the Petitioner sent a Representation dated 05.11.2011 to the First Respondent/ Assistant Director, Professional & Executive Employment Exchange Office, Santhome, Chennai-4 enquiring about recommending her candidature to the Second Respondent. The First Respondent in January 2012 had stated that he would consider her case when opportunity arises. In this regard, the grievance of the Petitioner is that First Respondent/ Assistant Director, Professional & Executive Employment Exchange Office, Santhome, Chennai-4 had deliberately suppressed her name and not recommended her candidature for the year 2010-2011 when the Second Respondent called for sponsorship of candidates for Graduate Assistant in Geography during 2010-11. Inasmuch as she was not recommended by the First Respondent to the post of Graduate Assistant in Geography under MGPR category, Petitioner as an aggrieved person has projected the present Writ Petition. 10. At this stage, a perusal of the contents of the Revised Provisional Results After Certificate Verification of the Teachers Recruitment Board, Chennai-6 dated 08.09.2011 points out that under the caption "Tentative Provisional List of Candidates Selected for Appointment for the Recruitment of Graduate Assistants through Employment Registration State Seniority for the year 2010-11" in between Serial No.6 and 7, it is mentioned as 'MGPR not available'. That apart, this Court relevantly points out that the Petitioner on 20.09.2011 sent a representation to the Second Respondent inter-alia informing that she being a 'MGPR' candidate, she may be given proper appointment on the basis of Employment Registration Seniority that is 21 years seniority as well as communal rotation (MGPR). Even on 05.11.2011, the Petitioner had addressed a letter to the First Respondent/ Assistant Director, Professional & Executive Employment Exchange Office, Santhome, Chennai-4 wherein she among other things requested her candidature was sponsored to the Teachers Recruitment Board for the year 2010-2011. On 12.01.2012, she was informed through a reply by the First Respondent that for the year 2010-11 for the post of Post Graduate Teacher (Geography) vacancy, vacancy notification was not received from the Tamil Nadu Teachers Recruitment Board and yet in the years to come, when the vacant post notification was received, at that point of time, the Petitioner's educational qualification, seniority, age limit and community to which she belongs based on these her name would be recommended to the sponsoring authority to the person who is to offer appointment. 11. 11. It comes to be known that the Petitioner filed W.P.No.26191 of 2011 before this Court wherein, she prayed for passing of an order by this Court directing the Respondents to include her name bearing employment registration No.3083/90 dated 07.06.1990 in the list nominated to the post of Graduate Assistant in Geography under MGPR to the Second Respondent in the ongoing selection on seniority basis as well as on the basis of communal rotation since a clear-cut vacancy is available against MGPR quota that is Most Backward Community General Priority. 12. However, this Court on 24.04.2012 passed an order among other things observing that "this Court cannot issue direction to appoint any candidate but only to direct the Respondents to consider the person who is fully eligible as and when process of selection is in progress. There is nothing on record to show that process of selection is in progress and that the petitioner though eligible is not being considered and resultantly, the Writ Petition was dismissed as totally misconceived. 13. The Prime contention advanced on behalf of the Petitioner is that the Petitioner is the Most Backward Community Candidate with nearly 24 years of registration period and further, she is fully qualified to compete for the post of Graduate Assistant in Geography and to say that out of 17 vacancies, 12 were selected, 2 were withheld and 3 are not available under SCAWPR, STGPR and MGPR are not correct ones in the eye of law. 14. That apart, the Learned counsel for the Petitioner strenuously contend that since the Petitioner belongs to Most Backward community and she is placed under MGPR community in terms of communal rotation, she is very much available as a candidate under MGPR category for the post of Graduate Assistant in Geography and when that be the factual situation, it is not correct to mention in the 'Revised Provisional Results After Certificate Verification (Direct Recruitment of Graduate Assistants for Government Middle/High/Higher Secondary School 2010-11 through Employment Registration Seniority) issued by the Teachers Recruitment Board, Chennai dated 08.09.2011' wherein, it is mentioned as 'MGPR not available'. 15. 15. One cannot ignore a very vital fact that as early as on 12.01.2012, the First Respondent had sent a reply to the Petitioner inter-alia stating that in the years to come based on her educational qualification when notification of vacancy was to be received, then based on her registration seniority, age limit and community, her name would be considered/recommended before the Appointing Authority. As such, it is patently and latently quite clear that the First Respondent had admitted that the Petitioner would be considered based on her educational qualification etc., at the time when vacancy notification was to be issued. Therefore, it cannot be said that the Petitioner is not a qualified person. 16. Also, it is the case of the Petitioner that she fullfills all requisite educational qualification and other requisite criteria for being considered for appointment to the post of Graduate Assistant in Geography under MGPR category. When she is an eligible candidate clearly coming under MGPR, it is not known as how the notification dated 08.09.2011 was issued by the concerned Authority in and by which, it was mentioned as to 'MGPR not available' which cannot stand a moments scrutiny in the eye of law as opined by this Court. As such, to secure the ends of justice and in furtherance of substantial cause of justice, this Court sets aside the impugned notification dated 08.09.2011 pertaining to the recruitment of Graduate Assistant in Geography under MGPR quota to the extent that 'MGPR not available'. Viewed in that perspective, the Writ Petition filed by the Petitioner succeeds. 17. In the result, the Writ Petition is allowed. The impugned notification issued by the Second Respondent pertaining to the Graduate Assistant in Geography under MGPR category in sofar as the Petitioner is concerned is hereby quashed to the extent that 'MGPR not available'. Viewed in that perspective, the Writ Petition filed by the Petitioner succeeds. 17. In the result, the Writ Petition is allowed. The impugned notification issued by the Second Respondent pertaining to the Graduate Assistant in Geography under MGPR category in sofar as the Petitioner is concerned is hereby quashed to the extent that 'MGPR not available'. Further, this Court directs the First Respondent to consider her case for recommending her candidature to the Second Respondent for certificate verification to the post of Graduate Assistant in Geography under MGPR category and then, this Court also directs the Second Respondent to consider the case of the Petitioner (subject to eligibility and suitability) by calling her for Certificate Verification for the post of Graduate Assistant in Geography under MGPR category and when it is found that she is quite eligible and suitable in all respects, consider her case in the manner known to law and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order. Further, if the petitioner is found eligible for appointment to the post of Graduate Assistant in Geography under MGPR category, then she may be considered for appointment for the post of Graduate Assistant in Geography under MGPR category by the First and Second Respondents and further, they are directed to place the Petitioner in seniority at the appropriate place in the manner known to law and in accordance with law. Consequently, connected Miscellaneous Petition is also closed. No costs.