The Madurai Bench of the Madras High Court dismissed a writ petition filed by a teacher seeking appointment based on a 2009 memorandum and verification. The court held that the petition, filed after a delay of nearly six years, was liable to be dismissed solely on grounds of delay and laches.
Writ petition dismissed on grounds of delay and laches.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 25.02.2015
CORAM :
THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU
Writ Petition (MD) No.2419 of 2015
R.Anitha ...Petitioner
Vs.
1.The Secretary to Government, Department of School Education, Fort St.., George, Secretariat, Chennai.
2.The Chairman, The Teacher Recruitment Board, EVK Sampath Maaligai, DPI Campus, College Road, Chennai.
3.The Director of School Education, EVK Sampath Maaligai, DPI Campus, College Road, Chennai. ...Respondents
Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents to select and appoint the petitioner for the post of Secondary grade teacher in pursuance of the memorandum No. 5015/A4/2008 dated 14.05.2009 and on the basis of the certificate verification held on 05.06.2009 without insisting him to appear for "Teacher eligibility Test" and pass such other appropriate order.
For Petitioner : Mr.Gangai Amaran for Mr.J.William Christopher
For Respondents : Mr.V.Muruganandam, Additional Government Pleader.
ORDER
Heard the learned counsel appearing for the petitioner and Mr.V.Muruganandam, learned Additional Government Pleader who takes notice for the respondents. By consent, the writ petition is taken up for final disposal at the admission stage.
2.This writ petition has been filed seeking for a Mandamus directing the respondents to select and appoint the petitioner for the post of Secondary Grade Teacher in pursuance of the memorandum dated 14.05.2009 and on the basis of the certificate verification held on 05.06.2009 without insisting her to appear for Teacher Eligibility Test.
3.I do not think that the present writ petition can be entertained on the sole reason that it is a belated one. The petitioner https://hcservices.ecourts.gov.in/hcservices/ seeks for appointment based on a memorandum dated 14.05.2009 as well as the certificate verification held on 05.06.2009. This Court cannot appreciate the attitude of the petitioner in approaching this Court after
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a period of nearly six years. Therefore, the writ petition is liable to be dismissed solely on the ground of delay and laches. Accordingly, the writ petition fails and the same is dismissed. No costs.
Sd/Assistant Registrar(RTI) /True copy/ Sub Assistant Registrar
To
1.The Secretary to Government, Department of School Education, Fort St.., George, Secretariat, Chennai.
2.The Chairman, The Teacher Recruitment Board, EVK Sampath Maaligai, DPI Campus, College Road, Chennai.
3.The Director of School Education, EVK Sampath Maaligai, DPI Campus, College Road, Chennai.
Writ Petition (MD) No.2419 of 2015 25.02.2015
sms
PBK 05/03/2015 ::2P-4C:
2 issues framed by the court
Whether a Writ of Mandamus to appoint the petitioner as a teacher can be entertained given the six-year delay in filing the petition.
Whether the writ petition should be dismissed on grounds of delay and laches.
1 provisions across 1 enactments
R.Anitha
The Secretary to Government, Department of School Education
The Chairman, The Teacher Recruitment Board
The Director of School Education
K.Ravichandra Babu
Justice K.Ravichandrabaabu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court