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2014 DIGILAW 504 (MAD)

V. Mohan Babu v. Teachers Recruitment Board

2014-02-26

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 First Respondent herein in the "Revised Provisional Results After Certificate Verification" for Direct Recruitment of Post Graduate Assistants for Government Higher Secondary School for the year 2010-11 through Employment Registration Seniority dated 29.08.2012 to the limited extent of his non-selection and declaration that "MG not available" against Chemistry Telugu with subject code 11PG25 is concerned. Further, he sought for passing of an order by this Court in directing the Respondents 1 to 3 to take appropriate action to appoint him as PG Assistant Chemistry Telugu under MBC General category with effect from the date of appointment of the other "selectees in pursuance of the above said proceedings dated 29.08.2012" and to shower him with all consequential service and monetary benefits. 2. According to the Petitioner, he belongs to Most Backward Class. He passed SSLC examination during March 1995 through Telugu Medium and passed Higher Secondary Course examination (Telugu Medium) in March 2004. He also passed B.Sc Chemistryu in Telugu Medium at Venkateswara University at Tirupati in April 2003. He finished B.Ed Degree in June 2007 through Pondicherry University and also passed M.Sc Chemistry in December 2011 through Madras University. He registered his name in the District Employment Exchange and after acquiring Post Graduate Degree in Chemistry, he registered his name in the Professional & Executive Employment Office, Chennai (Registration No.CHP 2012 M0020736 dated 21.06.2012). As such, he is fully qualified for the post of PG Assistant for Chemistry in the Minority Subject Telugu. The First Respondent/Teachers Recruitment Board, Chennai has notified the process of recruitment of PG Assistant/Physical Education Director Grade I for Government Higher Secondary School for the year 2010-11 through Employment Exchange registration seniority, for which certificate verification was notified to be held in three spells namely, 07.01.2012 to 09.01.2012, 20.02.2012 to 21.02.2012 and 24.06.2012 to 01.07.2012 respectively. The certificate verification for PG Assistant in Minority subjects was scheduled to be held on 01.07.2012. As for as eligible candidates in and around Vellore District (including Tiruvallur District), certificate verification was to be held in a specified centre at Vellore on 01.07.2012 insofar as PG Assistant for minority subjects are concerned. The certificate verification for PG Assistant in Minority subjects was scheduled to be held on 01.07.2012. As for as eligible candidates in and around Vellore District (including Tiruvallur District), certificate verification was to be held in a specified centre at Vellore on 01.07.2012 insofar as PG Assistant for minority subjects are concerned. He was under the bona-fide impression that the Board would issue call letter to attend the said certificate verification. But to his dismay, no such call letter was issued to him till last minute. Hence, he rushed to Vellore to attend the said certificate verification to show his credentials and certificates as according to him, the omission to issue call letter was by sheer inadvertence. However, the authorities of the First Respondent Board had not allowed him to take part in the certificate verification on the basis that he had not possessed the call letter as the same was not issued to him. 3. He immediately rushed to the office of the Second Respondent as to know why no call letter was issued to him. The officials informed him that they had duly sponsored his name to the First Respondent and have to make enquiry only with the First Respondent officials in regard to the non-issuance of call letter. Thereafter, he rushed to the office of the First Respondent where the officials of the Board came out with contradictory stand that his name was not at all sponsored by the Second Respondent. Further, his selection was only through Employment Exchange Registration seniority and in the absence of any communication from the Second Respondent sponsoring his name for appointment of PG Assistant for Minority Subject Telugu, the Board was unable to issue any call letter to him. He also met the Joint Director as well as the esteemed Chairman of the Board expressing his agony pointing out that according to reliable information, he is the sole candidate who is eligible for appointment as PG Assistant (Chemistry) Telugu Subject under MBC category. The aforesaid officials informed him that there was no lapsed on the part of the Board and go to the office of the Second Respondent/Professionals & Executive Employment Office, Chennai to find out as to why his name was omitted to sponsor in the said category. The aforesaid officials informed him that there was no lapsed on the part of the Board and go to the office of the Second Respondent/Professionals & Executive Employment Office, Chennai to find out as to why his name was omitted to sponsor in the said category. He ran from pillar to post with all hopes that the officials would rectify their lapse and finally include him in the selection list, inasmuch as he is only the eligible candidate for appointment to the post of PG Assistant (Chemistry) Telugu Minority subject in the MBC category. However, his name was not included in the "Revised Provisional Results After Certificate Verification" when it was published. 4. The grievance of the Petitioner is that he is very much available and being fully qualified and eligible for appointment by not only acquiring educational qualification but also getting his name registered with the Professional & Executive Employment Office, Chennai and also when there is no cut off date insofar as candidate is selected for appointment for PG Assistant in Minority Subject, there is no valid reason to omit his name. Since his right to be considered for selection in public appointment has been fringed by either of the Respondents by no lapse on the part of the Petitioner, he has filed the present Writ Petition before this Court as an aggrieved person. 5.Yet another argument projected on the side of the Petitioner is that the First and Second Respondents had not rectified the grave omission after the same was pointed out by the Petitioner to them in fact they adopted a casual and insensitive approach to the plight of a member of a Most Backward Class linguistic Minority. 6. Per contra, the Learned Additional Government Pleader appearing for the Respondents 1 to 3 submits that in accordance with the Government Order, the First Respondent took measures to recruit PG Assistants in various Minority Subjects for the year 2010-11 based on Employment registration seniority and that Board informed four vacancies for the post of PG Assistants in Chemistry (Telugu) in the Communal turn namely, a)General Turn-1 b)Backward Class (Women)-1, Most Backward Class (General)-1 and d)Schedule Caste (General)-1 and called for list of candidates from the Professional and Executive Employment Office, Chennai. 7. 7. The Learned Additional Government Pleader brings it to the notice of this Court that the First Respondent/Teachers Recruitment Board addressed the Director of Employment and Training, Chennai-32 to sponsor candidates duly following communal reservation on 31.01.2012 and 04.02.2012. The Director of Employment and Training in letter No.Tho.pa.3752/2012 dated 21.02.2012 and sought for some clarification as to whether candidates studied the minority languages based on the languages studied under Part-I may be nominated as the selection of candidates on database, made on the basis of language studied under Part-I by them. However, clarification letter was sent to the Director of Employment and Training, Chennai vide Board's Letter Rc.No.3364/B2/2010 dated 17.03.2012 to the effect that the qualification of minority languages of Post Graduate Assistants was taken into account as Teachers Recruitment Board's Letter No.4221/B2/2009 dated 09.04.2010 i.e., Degree/Post Graduate in Maths/Physics/Chemistry/Zoology/Botany/ History/Geography as a major subject in Part-III under Graduate Degree obtained from a recognised University in regular stream (10+2+3+1) with minority languages such as Telugu, Malayalam, Urudu and Kannada in Part I subject in Under Graduate and Post Graduate Degree and requested to nominate the candidates as per the aforesaid qualifications. 8. It is submitted by the Learned Additional Government Pleader that the Second Respondent sponsored three candidates and the First Respondent/Teachers Recruitment Board conducted certificate verification to the candidates whose names were sponsored by the Professional & Executive employment office, Chennai. At this stage, the Learned Additional Government Pleader for the Respondents contends that the Petitioner's name was not sponsored by the Professional & Executive Employment Office, Chennai in Communal Turn (MBC) and since his name was not sponsored by the concerned Employment office, he was not called for certificate verification. Added further, it is submitted on behalf of the Respondents that category of MBC (General), Schedule Caste (General), the First Respondent could not fill up the vacancy in view of the non sponsorship of candidates from the Employment Office. 9. Lastly, it is the contention of the Learned Additional Government Pleader that as per the policy discussion of the Government, the method of recruitment process is now changed and the posts shall be filled up on the basis of marks secured in the written competitive examination and weightage marks awarded after the existing rules. 10. 9. Lastly, it is the contention of the Learned Additional Government Pleader that as per the policy discussion of the Government, the method of recruitment process is now changed and the posts shall be filled up on the basis of marks secured in the written competitive examination and weightage marks awarded after the existing rules. 10. It comes to be known from the "Revised Provisional Results After Certificate Verification" issued by the First Respondent Board for Direct Recruitment of Post Graduate Assistants for Government Higher Secondary School 2010-11 through Employment Registration Seniority (impugned in the Writ Petition as seen from page 8 the typed-set) that it is mentioned as 'MG not available' in respect of the Minority Subject Chemistry Telugu. In this connection, this Court relevantly points out that the case of the Petitioner is that he is very much available as a candidate satisfying requirement and to say that 'MG not available' in respect of Chemistry Telugu subject is not a valid one and that too, when he registered his name with the Professional & Executive Employment Office, Chennai. 11. In view of the fact that the Petitioner is very much qualified for being considered for recruitment to the post of PG Assistant in Minority subject namely, Chemistry (Telugu) then it is not proper and legally untenable on the part of the First Respondent to issue "Revised Provisional Results After Certificate Verification" dated 29.08.2012 (which impugned in the Writ Petition by mentioning under the caption that 'MG not available' in respect of Chemistry subject (Telugu). It appears that the First Respondent/ Teachers Recruitment Board could not call the Petitioner for certificate verification because of the fact his name was not sponsored by the Second Respondent/Professional & Executive Employment Office, Chennai in Communal Turn. 12. It appears that the First Respondent/ Teachers Recruitment Board could not call the Petitioner for certificate verification because of the fact his name was not sponsored by the Second Respondent/Professional & Executive Employment Office, Chennai in Communal Turn. 12. Looking at any angle, in view of the fact that the Petitioner is possessing the requisite qualifications for being considered in regard to the appointment/recruitment to the post of PG Assistants for the year 2010-11 Minority subjects Telugu Chemistry, when his name was somehow omitted to be sponsored by the Second Respondent/Professional & Executive Employment Office, Chennai then this Court comes to an inevitable conclusion that the Tentative Provisional List of Candidates selected for Appointment of PG Assistant for the year 2010-11 Minority subjects showing that 'MG not available' in respect of Minority Subject Chemistry Telugu is not valid and legally unsustainable in the eye of law. As such this Court, to prevent aberration of justice and to promote substantial cause of justice, in furtherance to the substantial cause of justice, interference with the said Tentative Provisional List of Candidates selected for appointment of PG Assistant for the year 2010-11 Minority Subjects insofar as the Petitioner is concerned and sets aside the portion of not considering the name of the Petitioner. Further, this Court to secure the ends of justice, directs the First and Second Respondents to consider the claim of the Petitioner (subject to suitability and eligibility) for appointment to the post of PG Assistant (Chemistry) Telugu under MBC (General) category with effect from the date of appointment of other selectees in pursuant of the above said proceedings dated 29.08.2012 and if found fit and eligible and to pass appropriate order within a period of six weeks from the date of receipt of a copy of this order. Moreover, this Court also directs the Respondents to place the Petitioner at the appropriate place in seniority by scrupulously following the rules and regulations which are in force from time to time. 13. With the aforesaid observations and directions, this Writ Petition is disposed of. Consequently, connected Miscellaneous Petition are also closed. No costs.