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2019 DIGILAW 242 (MAD)

State of Tamil Nadu, Represented by the Principal Secretary to Government v. K. Jeyanthi

2019-01-24

K.K.SASIDHARAN, P.D.AUDIKESAVALU

body2019
JUDGMENT : P.D. AUDIKESAVALU, J. 1. The intra-court Appeals arises out of the common order dated 30.08.2017 in W.P. (MD) Nos. 17164, 17292 and 17293 of 2014 passed by the Learned Judge of this Court. The parties are hereinafter referred to as per their description in the Writ Petition for the sake of convenience. 2. The Petitioners in W.P. (MD) Nos. 17164, 17292 and 17293 of 2014, who belong to the Hindu Piramalai-Kallar community had applied for appointment though direct recruitment as Secondary Grade Teachers in the selection conducted for the year 2012-2013 by the Teachers Recruitment Board. An addendum was issued to the Notification in Advt. No. 5 of 2014, dated 06.08.2014, seeking all Teacher Eligibility Test (hereinafter referred to as 'TET' for short) Paper-I qualified candidates belonging to Hindu Priamalai-Kallar community, willing to work in the schools run by the Kallar Reclamation Department, to exercise their option for the same, failing which, their candidature would not be considered for preferential selection in the vacancy of that Department. The Petitioners had sent a representations dated 02.09.2014 with postal receipt dated 04.09.2014 showing that they had exercised the option to be posted in the schools run by the Kallar Reclamation Department. However, the Petitioners were posted in the schools under the control of the Directorate of Elementary Education, on finding that they had secured higher marks and had ignored the option exercised by them for appointment in the schools run by the Kallar Reclamation Department. The Petitioners had filed the aforesaid Writ Petitions challenging the selection list of the Secondary Grade Teachers in the schools run by the Kallar Reclamation Department in the order dated 15.10.2014 as the candidates selected therein had secured lesser marks than them and for consequential direction to appoint them in their place. 3. The Learned Judge, who heard the matter, rightly arrived at the conclusion that inasmuch as the Petitioners had secured higher marks in TET Paper-I qualifying examination, they ought to have been given preference for appointment in the vacancy in the schools run by the Kallar Reclamation Department rather than the candidates who had secured lesser marks than them and allowed the Writ Petitions by common order dated 30.08.2017. Aggrieved thereby, the Respondents have preferred this appeal. 4. We have heard Mr. T. Lajapathi Roy, Learned Counsel appearing for the Petitioners, Mrs. Aggrieved thereby, the Respondents have preferred this appeal. 4. We have heard Mr. T. Lajapathi Roy, Learned Counsel appearing for the Petitioners, Mrs. S. Srimathy, Learned Special Government Pleader appearing on behalf of the Respondents and perused the materials placed on record, apart from the pleadings of the parties. 5. After hearing the submissions made by the Counsel representing their respective parties and perusing the cogent reasons in the impugned common order, we do not find any infirmity to interfere with the same. The apprehension expressed by the Respondents in implementing the order of the Writ Court is that on transferring the Petitioners to the schools run by the Kallar Reclamation Department, they would also claim seniority in the schools under the control of the Directorate of Elementary Education and this would lead to administrative difficulties. In response to the same, the Petitioner have filed Affidavits undertaking to forgo their respective seniority in the post of Secondary Grade Teachers in the event of transferring them to the existing vacancies in the schools run by the Kallar Reclamation Department within the Madurai District and that they will not claim any seniority in the future. 6. Recording the aforesaid undertaking made by the Petitioners in W.P. (MD) Nos. 17164, 17292 and 17293 of 2014, the Writ Appeals are dismissed. Report of compliance shall be filed before the Registrar (Judicial) of this Court by 28.02.2019. No costs. Consequently, the connected Miscellaneous Petitions are closed.