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2021 Supreme(Mad) 1227

IN THE HIGH COURT OF JUDICATURE AT MADRAS
R. SURESH KUMAR, J.
S.Saratha Devi - Appellant
Versus
The Teachers Recruitment Board, Chennai and Ors - Respondent
W.P. No. 7723 of 2010 and W.M.P. No. 1 of 2010
Decided On : 23-03-2021

Advocates:
Advocate Appeared:
For the Appellant : Mr.N.Srinivasulu
For the Respondent:Mr.C.Munusamy Special Govt. Pleader, Mr.S.Sureshkumar Government Advocate, Mrs.K.Bhuvaneswari Addl. Govt. Pleader

Headnote:

Post of Secondary Grade - Placement orders - Sought for herein is for a Writ of Mandamus directing the first respondent to process the Selection Letter selecting petitioner for the post of Secondary Grade Teacher in Elementary / Middle Schools under the control of Directorate of Elementary Education and to issue necessary Direction or Order for issuing placement orders – Held, It is a settled proposition that, even in a regular recruitment, for which, if notification was issued to conduct process of competitive examination as well as oral test and accordingly, if a candidate is selected provisionally, that would not confer any right on candidate to claim appointment and posting, and in this regard law is well settled - Merely by mistaken communication as sent to the petitioner without verifying communal seniority of employment exchange, based on which, petitioner cannot claim any right of appointment to the post of Secondary Grade Teacher. In view of said factors which has been narrated herein above, this Court feels that, petitioner cannot seek any indulgence of this Court to give a direction by way of mandamus - Writ petition dismissed

ORDER :

1. The prayer sought for herein is for a Writ of Mandamus directing the first respondent to process the Selection Letter dated 23.11.2009 selecting the petitioner for the post of Secondary Grade Teacher in Elementary / Middle Schools under the control of Directorate of Elementary Education and to issue necessary Direction or Order for issuing placement orders.

2. The petitioner having completed Diploma in Teacher Education Course registered the same in the concerned employment exchange office at Theni District.

3. In those years, the selection and appointment to the post of Secondary Grade Teacher had been made based on the employment exchange seniority, where, those who completed the Secondary Grade Teachers Training Course, i.e., Diploma in Teacher Education and registered their educational qualification in the concerned employment exchange would be called for interview or certificate verification session before selection for the post of Secondary Grade Teacher throughout the State based on the available vacancies.

4. In this context, the petitioner's name having been sponsored by the employment exchange had been called for certificate verification and after having verified the same, by communication dated 23.11.2009, the first respondent / Teachers Recruitment Board has sent the communication to the petitioner stating that, she has been provisionally selected for the post of Secondary Grade Teacher in the Department of Elementary Education on the basis of State Seniority of the registration of the petitioner.

5. Though such an intimation dated 23.11.2009 was issued by the first respondent / Teachers Recruitment Board, subsequently, the petitioner had not been given appointment or posting, despite the fact that, the other selectees have been given postings. Therefore, in order to implement the order of selection as intimated by the first respondent dated 23.11.2009, the petitioner has moved this Writ Petition with the aforesaid prayer.

6. I have heard Mr.N.Srinivasulu, learned counsel appearing for the petitioner who would submit that, having been called for certificate verification and after verifying the certificate including the educational qualification, employment seniority etc., the first respondent / Teachers Recruitment Board in fact selected the petitioner provisionally and intimation to that effect has also been issued on 23.11.2009, pursuant to which, appointment and posting should have been given to the petitioner and without giving appointment and posting, since they kept the issue pending for long time, the petitioner has no other option except to approach this Court and accordingly, filed this Writ Petition.

7. In this context, the learned counsel appearing for the petitioner would further contend that, the petitioner belongs to BC communal category and being a women in that category, certainly she would be senior as per the employment exchange seniority, where the qualification of the petitioner has been registered and only based on which, the petitioner was called for certificate verification and was selected for appointment to the post of Secondary Grade Teacher. Therefore, there is absolutely no impediment on the part of the respondents for processing, pursuant to the communication dated 23.11.2009. Therefore, the petitioner is entitled to seek for a mandamus as prayed for. Hence, the learned counsel appearing for the petitioner seeks indulgence of this Court by way of mandamus.

8. However, Mr.S.Sureshkumar, learned Government Advocate appearing for the second respondent, based on written instructions, submitted by the first respondent / Teachers Recruitment Board dated 18.03.2021 has submitted that, the petitioner had registered the qualification of Diploma in Teacher Education Course, which she completed in the year 2008 and registered at the concerned employment exchange, i.e., District Employment Exchange Office, Theni on 03.04.2009

9. However, last person in the Backward Class (Women) category, where t

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