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2022 Supreme(Mad) 2357

IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, J.
S. Jayalakshmi - Appellant
Versus
Teachers Recruitment Board, Rep. by Member Secretary, Chennai & Others - Respondent
W.P. No. 8748 of 2015 & M.P. No. 1 of 2015
Decided On : 23-06-2022

Advocates appeared:
For the Petitioner:M. Ravi, Advocate. For the Respondents: R1, C. Kathiravan, Special Government Pleader, R2 & R3, M/s. S. Anitha, Special Government Pleader.

Candidates are responsible for attending certificate verification and counseling as per the notification, and illness does not justify a separate process, especially after a significant time has passed since the recruitment.

Headnote:

Mandamus - Certificate Verification - Failure to Attend - Dismissal of Writ Petition

Fact of the Case:

The petitioner sought a writ of mandamus to recall her for certificate verification and counseling after passing a written examination for the post of Post Graduate Assistant [Tamil]. She claimed she missed the certificate verification due to illness and was not informed about it.

Finding of the Court:

The court found that the petitioner failed to attend the certificate verification as required and that the responsibility to check the website for notification rested with the candidates. The court held that the petitioner's illness did not justify a separate certificate verification or selection for the post, especially considering the time elapsed since the recruitment.

Issues: Failure to attend certificate verification, responsibility of candidates to check website for notification, justification for separate certificate verification

Ratio Decidendi: The responsibility to attend certificate verification and counseling rests with the candidates, and failure to do so does not warrant a separate process. Illness does not absolve the candidate from this responsibility, especially after a significant time has passed since the recruitment.

Final Decision: The writ petition was dismissed, and the petitioner was not entitled to the relief sought.

JUDGMENT

(Prayer: Writ Petition filed Under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to recall the petitioner for certificate verification and counseling pursuant to her passing the Written Examination conducted on 10.01.2015 by the first respondent [Roll No.14 PG 01260366] for Post Graduate Assistant [Tamil] for the years 2013-14 and 2014-15 and appoint her as such.)

1. The relief sought for in the present writ petition is to direct the respondents to recall the petitioner for certificate verification and counseling pursuant to her passing the written examination conducted on 10.01.2015 by the first respondent for appointment to the post of Post Graduate Assistant [Tamil] for the year 2013-2014.

2. The writ petitioner participated in the process of selection for recruitment to the post of Post Graduate Assistant [Tamil] for the year 2013-14. The petitioner was successful in the written examination and scored 98 marks. The petitioner states that she was waiting for certificate verification call letter from the Teachers' Recruitment Board, meanwhile she was suffering "Disfunctional Uterine Bleeding" and undergoing medical treatment from 04.02.2015 to 14.03.2015. After recovery from her illness, she made enquiries about the date of certificate verification and the petitioner came to know that the certificate verification was over on 16.02.2015. Under those circumstances, the writ petitioner approached this Court mainly on the ground that she was suffering from ailments and was taking treatment and she was not aware of the certificate verification date and thus, she must be recalled for certificate verification and counseling for the purpose of selection to the post of Post Graduate [Tamil].

3. The learned counsel appearing for the petitioner mainly contended that the petitioner had not received any intimation for such certificate verification and therefore, she is entitled for the relief.

4. This Court passed an interim order on 27.03.2015, which reads as follows:

"..........It is made clear that in case of any vacancy and TRB is taking action to fill up the said vacancy, the name of the petitioner should be considered and she should be sent call letter for certificate verification."

5. Against the said interim order, the petitioner filed contempt petition in Cont.P.No.1817 of 2015. The said contempt petition was pending for about seven years and it was closed on 25.04.2022 stating that the interim order has been complied with and the petitioner was subjected to certificate verification on 30.07.2019.

6. As far as the writ petitioner is concerned, the fact remains that the petitioner participated in the process of selection and succeeded in the written examination. However, she had not participated in the certificate verification and counseling.

7. In this regard, the learned Special Government Pleader appearing on behalf of the respondent contended that the petitioner admittedly had not attended certificate verification on 16.02.2015. Therefore, the Board did not considered the petitioner for further process of selection. It is clearly stated in the prospectus issued to the candidates that no individual intimation would be sent and the intimation for calling of certificate verification would be published in the website. Accordingly, the Board issued notification on 06.02.2015 for conduct of certificate verification from 16.02.2015. It is the responsibility of the petitioner to attend the certificate verification at the stipulated date. No further chance would be provided for certificate verification. The Board published the provisional selection for the post of Post Graduate Assistant [Tamil] on 14.05.2015. All the vacancies notified pursuant to the Advertisement No.8/2014 dated 07.11.2014 had been filled up and no vacancies were available during the relevant point of time. The provisional selection list was forwarded to the Department concerned for issuance of appointment orde

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