The court upheld the appointment of Respondent No.5, attributing the petitioner's exclusion to his failure to timely update registration details, emphasizing shared responsibility.

ORDER :

1. The brief facts that are relevant for disposal of the writ petition are as under:-

1.1. The petitioner herein has got valid registration with the Respondent No.4 vide Registration No.VLD 2007M00020030 as on 01.11.2007 and the same relating back to 14.11.2002. From the qualifications that are possessed by the petitioner i.e., Degree Mathematics and B.Ed., (Telugu Medium), the petitioner is qualified for being appointed to the post of 'B.T Assistant, Mathematics (Telugu Medium)' as on 14.11.2002. While so, the Respondent No.2 herein called for the names of eligible candidates for being appointed to the post of Graduate Assistant backlog vacancies for the recruitment years 2008-2009, 2009-2010 and 2010-2011 in respect of the minority languages through employment seniority including the post of B.T Assistant, Mathematics (Telugu Medium). Accordingly, the Respondent No.4 has sponsored the names in the ratio of 1:5 and accordingly, the Respondent No.2 also called all the candidates whose names were sponsored for certificate verification. At that stage, the petitioner, on having come to know that he is not called for certificate verification, approached this court by filing W.P.No.23839 of 2012 and the said writ petition was dismissed by this court by an order dated 17.09.2012, on noticing that the name of the petitioner was not sponsored by the Respondent No.4 for being considered by the Respondent No.2 and the Respondent No.4 is not made party to the said writ petition. However, the petitioner was granted liberty to take appropriate steps against the Employment Exchange.

1.2. It was thereafter, the petitioner filed the present writ petition seeking the writ of certiorarified mandamus to call for the records of the Respondent No.2 herein with regard to selection and appointment of the Respondent No.5 against backlog minority vacancies of B.T Assistant, Mathematics (Telugu Medium) and also sought for a consequential direction, directing the Respondent No.4 herein to sponsor the name of the petitioner to the Respondent No.2 for appointment to the post of B.T Assistant, Mathematics (Telugu Medium).

2. As already noted above, the employment registration of the petitioner relates back to 14.11.2002 and whereas the employment registration of the Respondent No.5 herein is 04.05.2004. Admittedly, the petitioner and the Respondent No.5 belong to the same category. Had the name of the petitioner was sponsored by Respondent No.4 along with the name of the Respondent No.5, the petitioner would have got the benefit of appointment to the post B.T Assistant, Mathematics (Telugu Medium).

3. The Respondent No.6 filed a counter-affidavit stating that the employment registration of the petitioner was due for renewal in the month of November, 2010, but the petitioner defaulted in renewing the same. But it was subsequently renewed in month of May, 2011, by availing the 18 months concession given by the Government of Tamil Nadu. It is also further stated that the entire process in the Employment Department was made online from 15.09.2010 and the entire legacy data were migrated to online. Because of its volume, there were lot of challenges during migration to online and therefore wide publicity was provided to the registrants to verify and update the data, if any missing, and accordingly several registrants have updated their data online. However, the petitioner has not came forward to seek any such updation and it was only on 18.10.2012, the petitioner updated his medium of instruction as 'Telugu'.

4. The relevant portion from the said counter-affidavit reads as under:

“7. It is humbly submitted that Employment Department's entire process was made online from 15.09.2010 entire legacy data were migrated to online. Because of its volume, there were lot of challenges during migration, subsequently wide publicity were given to registrants to verify and update their data if anything missing. Lot of candidates visited employment offices during this period