J. Murugeswari v. Chairman, Teachers Recruitment Board
2015-01-28
K.RAVICHANDRA BAABU
body2015
DigiLaw.ai
Judgment 1. The petitioner is aggrieved against the non-selection to the post of Post Graduate Assistant under BGT(W) category and consequently, seeking for a direction to the respondents to appoint her as Post Graduate Assistant. 2. The case of the petitioner is as follows:- She completed her 10th Standard, 12th Standard, B.A., (Economics) and M.A.,(Economics) in Tamil Medium. She also passed B.Ed., degree in Tamil medium. The first respondent issued a notification dated 09.05.2013 to fill up 2881 vacancies in the Post Graduate Assistants/Physical Education Directors Grade - I. The petitioner has applied to the post and the written examination was conducted on 21.07.2013. The qualification prescribed for selection and appointment to the post of Post Graduate Assistants is post graduation in the relevant subject with B.Ed., and the candidates applying for the posts mentioned in Annexure – I should have passed Tamil language as Part – I or Part – II upto SSLC and PUC/Higher Secondary Course Levels. The petitioner applied under the B.C(W) Tamil Medium quota for the post of Post Graduate Assistant and secured 91 marks out of 150 in the written examination. The first respondent has published a list of selected candidates, wherein it was stated that the petitioner was ineligible for selection for the reason that she belongs to Non-Tamil Medium candidate. The said reason is factually in correct and therefore, the present writ petition is filed before this Court seeking for the relief as stated supra. 3. Counter affidavit is filed by the first respondent, wherein it is stated that the petitioner appeared for the written examination and secured 91 marks and as she secured eligible cut off marks, she was called for certificate verification. At the time of certificate verification done on 04.08.2012, the petitioner has not produced the certificate having studied M.A (Economic) in Tamil Medium. Therefore, she was not considered for selection. It is further stated that the written examination was conducted on 27.05.2012 and certificate verification was done on 04.08.2012 and the petitioner has obtained the certificate from Madurai Kamaraj University only on 17.10.2013. 4. Learned counsel appearing for the petitioner submitted that the petitioner has studied in Tamil Medium and she has produced all the relevant certificates before the first respondent and however, in total non-application of mind, the result has been published denying selection on the reason that the petitioner is a Non-Tamil Medium candidate.
4. Learned counsel appearing for the petitioner submitted that the petitioner has studied in Tamil Medium and she has produced all the relevant certificates before the first respondent and however, in total non-application of mind, the result has been published denying selection on the reason that the petitioner is a Non-Tamil Medium candidate. The learned counsel also invited this Court attention to the certificate issued to the fact that the petitioner has studied 10th Standard, 12th Standard, M.A., and B.Ed., in Tamil Medium and all of those certificates are issued by the respective authorities much earlier to the date of certificate verification, namely, 23.10.2013. The learned counsel also invited this court attention to the call letter issued to the petitioner informing that certificate verification will be done on 23.10.2013. Therefore, she submitted that when the certificate verification itself was done only on 23.10.2013 and by that time, all the certificates were obtained by the petitioner stating that she has studied only in Tamil Medium, the respondents are not justified in contending that the petitioner has not produced relevant certificate. 5. Per contra, the learned Government Advocate appearing for the respondents reiterated the contentions raised in the counter affidavit. 6. Heard the learned counsel appearing on either side and perused the materials placed before this Court. 7. While ordering notice, this Court has already directed the respondents to reserve one post of Post Graduate Assistant vacant. After hearing both sides and perusing the materials placed as well as the respective pleadings of the parties, it is evident that the counter affidavit filed by the first respondent discloses total non-application of mind. The relevant dates referred to in the counter affidavit in respect of the written examination and certificate verification are totally different and not connected with the present case. From the records placed before this Court by the petitioner in the typed set of papers, it is seen that the examination was conducted on 21.07.2013, whereas in the counter it is stated as though the examination was conducted on 27.05.2012. Likewise the certificate verification was conducted on 23.10.2013, whereas in the counter affidavit it is referred to as though it was done on 04.08.2012. 8.
Likewise the certificate verification was conducted on 23.10.2013, whereas in the counter affidavit it is referred to as though it was done on 04.08.2012. 8. Considering the fact that the certificate verification was done on 23.10.2013, on which date, the petitioner was in possession of all the relevant certificates, it would only indicate that she has studied in the Tamil Medium only. This Court is not in a position to find out as to how the result was declared in the impugned proceeding as though the petitioner was not a Tamil Medium Candidate. On the other hand, the certificate verification done by the respondents followed by the endorsement made by them on 23.10.2013 would show that the petitioner was found eligible for the selection to the said post. Therefore, it is evident that some mistake has crept somewhere in the process of selecting the petitioner. As this Court has satisfied with the relevant documents filed before this Court, which is said to have been filed before the authorities indicating that the petitioner has studied in Tamil Medium, the reasons assigned in the impugned order for not selecting the petitioner cannot be sustained. 9. Accordingly, this Writ Petition is allowed and the impugned proceedings of the first respondent is set aside and consequently, the respondents are directed to select and appoint the petitioner to the post of Post Graduate Assistant under BGT (W). The said exercise shall be done by the first respondent within a period of twelve weeks from the date of receipt of a copy of this order. No costs. Consequently, connected Miscellaneous Petitions are closed.