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2012 Supreme(Mad) 1059

High Court Of Madras
V.K.Sharma J.
P.M. Malathi - Appellant
Versus
State Of Tamil Nadu, Rep. By Its Secretary,Department Of School Education – Respondent
W.P.No.28941 of 2011 and M.P.Nos.1 and 2 of 2011
Decided On : Feb 28,2012

Advocates Appeared:
Isaac Mohan Lal, R.Ravichandran

JUDGMENT

( 1. ) THE petitioner prays for issuance of a writ in the nature of mandamus, directing the Teachers Recruitment Board to consider petitioner's candidature for appointment to the post of Secondary Grade Teacher under Schedule Caste or General turn as per its Notification No. 2 of 2011 dated 9.11.2011 by calling the petitioner for certificate verification.

( 2. ) THE petitioner passed S.S.I.C. in the year 2000 and got her name registered with the District Employment Office, Vellore under registration No. VLD2000F006030. THE petitioner passed higher secondary course in the year 2002 and Diploma in Teacher Education (D.T.Ed.) in the year 2004. THE additional qualifications ware also registered in the District Employment office, Vellore on 26.7.2002 and 11.10.2004 respectively. THE petitioner therefore is eligible for appointment as a Secondary Grade teacher under the Tamil Nadu Elementary Educational Subordinate Service Rules. THE petitioner belongs to Hindu Adi-dravida community which is notified schedule caste.

( 3. ) THE Teachers Recruitment Board vide notification No. 2 of 2011 dated 9.11.2001, invited applications from the eligible candidates for recruitment to 1743 Secondary Grade Teachers (1394 under Non-priority category and 349 under Priority category). Out of which, 18% of the total number of posts reserved for schedule caste, 15% for SC and 3% for SC Arunthathiyar).

( 4. ) IT was clarified in the notification, that, the State Government had directed the Teachers Recruitment Board, to recruit Secondary grade teachers under the Special Rules for the Tamil Nadu Elementary educational Subordinate Services for Standards I to V in Elementary/Middle Schools vide Govt. orders dated 10.11.2008 and 3.6.2010. The qualification prescribed for the post was S.S.L.C upto 31.5.1989 and HSC from 1.6.1989 along with D.T.Ed. from the Govt. of Tamil Nadu or its equivalent.

( 5. ) IT was also notified that, only those candidates who are registered their names in the employment exchange in the State and had the registration updated alone would be eligible to apply for the post.

( 6. ) IT was stipulated that Commissionerate of Employment, and Training would sponsor the qualified candidates according to their registration seniority as per the Government order. The last date for submission of the application was 23.11.2011.

( 7. ) IT was also notified that the Commissionarate of Employment and Training had already sponsored the names of eligible candidates at the ratio of 1:5 for certificate verification.

( 8. ) IT was further stipulated that in case candidate's name was not found in the list, but his/her date of registration was within the cut off date in the respective communal turn, he/she shall immediately approach the concerned Employment exchange and get the certificate regarding the data of registration/seniority and community and produce the same to the D.E.E.O. and get the I.C.R. Application form.

( 9. ) IT was notified that the names of the senior candidates would be published in the D.E.E.O.'s office of the respective districts and those candidates should approach the D.E.E.O. and fill up application forms and submit the same to the D.E.E.O. for being forwarded to the Teachers Recruitment Board.

( 10. ) THE case of the petitioner is that name of the petitioner was found in the list and therefore, was given an application form which was filled and submitted to the D.E.E.O. Office on 19.11.2011.

( 11. ) IT was also notified that the candidates were to be called for certificate verification on 3rd and 4.12.2011 at Shri Venkateswhara Higher Secondary School, Vellore.

( 12. ) THE case of the petitioner is that the petitioner was not issued appointment letter- When an enquiry was with the D.E.E.O., the petitioner was instructed to approach Teachers Recruitment Board. THE Teachers Recruitment Board in turn directed the petitioner to approach the Commissionarate of Employment Exchange Guindy, where the petitioner was informed that th
































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