High Court bench affirmed that the petitioner could not be selected for the Assistant Professor post. The court found that even with corrected marks, other candidates with the same score ranked higher based on age criteria, rendering the appeal moot.
No selection for the post of Assistant Professor granted; connected miscellaneous petition closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.02.2019
CORAM:
THE HONOURABLE MR. JUSTICE K.K. SASIDHARAN and THE HONOURABLE MR. JUSTICE P.D. AUDIKESAVALU
W.A. No. 297 of 2018 and
C.M.P. No. 2256 of 2018
Teachers Recruitment Board, 4th Floor, EVK Sampath Building, DPI CAmpus, College Road,
Chennai - 600 006.
-vs-
T. Nedumaran ... Respondent/Petitioner
PRAYER : Writ Appeal filed under Clause 15 of Letter Patent, praying to set aside the order passed by this Court in W.P. No. 34844 of 2013 dated 05.12.2017.
Prayer in W.P.No.34844 of 2013:-
Petition filed under Article 226 of the Constitution of India, Writ of Mandamus directing the 1st respondent to award appropriate marks for Teaching Experience to the petitioner (Regn. No.1627534) by considering the Teaching Experience gained by the petitioner from 1.9.2003 onwards for selection to the Post of Assistant Professor in business Administration based on the Notification/ Prospectus issued by 1st respondent Teacher Recruitment Board dated May 2013 for direct recruitment of Assistant Professor in Tamil Nadu Collegiate Education Service in 2012 and consequently direct the 1st respondent to allow the petitioner to undergo the process of selection including Interview and to select and appoint the petitioner to the post of Assistant Professor in Business Administration based on merits in the selection.
For Appellants : Mr. C. Munusamy, Special Government Pleader
For Respondent : Mr. G. Sankaran
J U D G M E N T
(Judgment of the Court was delivered by P.D. AUDIKESAVALU, J.)
The intra-Court appeal arises out of the order dated 05.12.2017 in W.P. No. 34844 of 2013 passed by the Learned Judge of this Court. The parties are hereinafter referred to as per their description in the Writ Petition for the sake of convenience.
category who had secured 31 marks is as follows:-
| S. No . |
Roll No. | Name | Sex | Commun ity |
Date of Birth |
EQ | TE | IM | Tota l |
|---|---|---|---|---|---|---|---|---|---|
| 1. | 13AP16162 18 |
Poongodi P. | F | BC | 25.10.197 2 |
9 | 14 | 8 | 31 |
| 2. | 13AP16154 04 |
Latha Natarajan M. |
F | BC | 26.05.197 3 |
9 | 14 | 8 | 31 |
| 3. | 13AP16068 20 |
Maheswari B. | F | BC | 13.06.197 3 |
9 | 14 | 8 | 31 |
| 4. | 13AP16275 34 |
Nedumaran T. (Petitioner) |
M | BC | 11.07.197 3 |
9 | 15 | 7 | 31 |
It is not disputed that the last seat has to be alloted to the candidate, viz., Poongodi P., and there are two other candidates above the Petitioner and as such, it is not possible to declare the Petitioner as the successful candidate even if he is awarded 31 out of 34 marks. The submissions made on behalf of the Respondents in this regard certainly deserve acceptance.
Sub Assistant Registrar
vjt To
Teachers Recruitment Board,
4th Floor, EVK Sampath Building,
DPI CAmpus,
College Road,
Chennai - 600 006.
W.A. No. 297 of 2018
PVS(CO) CSL/11.03.2019
3 issues framed by the court
Whether the writ appeal chandling the petitioner's selection for a government post despite existing competitors with equal marks should be allowed.
Whether the issuer of directions that the petitioner's marks must be considered for appointment would be changed.
Whether the respondent could be selected for the post of Assistant Professor given the existing ranking of candidates with equal marks.
The Chairman, Teachers Recruitment Board and Another
T. Nedumaran
K.K. SASIDHARAN
P.D. AUDIKESAVALU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
