The High Court of Madras dismissed a writ petition challenging a completed selection for P.G. Assistants on grounds of non-carry-forward of backlog vacancies. The Court held the petition was filed too late, beyond the appropriate time to avoid confusion, and lacked merits.
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 OF MADRAS
DATED: 14.02.2020
CORAM:
THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH
W.P.No.3542 of 2020
and W.M.P.No.4146 of 2020
1.B.Shabeer
2.Mohammed Shakul.M
3.E.Babu ...Petitioners
Vs
1.The State of Tamil Nadu,
Rep., by its Principal Secretary,
School Education Department,
Fort.St.George,
Chennai 600 009.
2.The Director of School Education,
Nungambakkam,
Chennai-6.
3.The Chairman,
Teachers Recruitment Board,
4 th floor, E.V.K.Sampath Maligai,
College Road,
Chennai-6.
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Mandamus, to direct the respondents to add an carry forward the backlog vacancies of P.G.Assistants belonging to the BC(M) category and BC catgory as was done in the case of MBC category along with the notifies vacancies under the notification issued by the third respondent dated vide Notification No.10/2019 dated 12.06.2019 and increase the vacancies of BC(M) and BC category taking into consideration of the backlog vacancies of BC(M) and BC category and consequentially consider the petitioners for
appointment to the post of P.G.Assistant and by considering the petitioner's representation dated 10.09.2019 within the period that may be stipulated by this Court.
For Petitioner : Mr.B.Vishnu Chelliya
For R1 & R2 : Mrs.V.Annalakshmi Government Advocate
For R3 & R4 : Mr.C.Munusamy Special Government Pleader
O R D E R
This writ petition has been filed challenging the selection conducted by the third respondent to the post of P.G. Assistant on the ground that there were backlog vacancies in BC(M) and BC categories during the previous selection and the same was not carried forward in the present selection.
2.Mrs.V.Annalakshmi, learned Government Advocate appearing on behalf of the first and second respondents submitted that the selection is already over and the petitioners have knocked the doors of the Court very late.
3.In the considered view of this Court, the petitioners ought to have approached this Court even at the time when third respondent had called for applications. If this writ petition is entertained at this stage, it will cause a lot of confusion in the selection that has already been completed. The petitioners were not vigilant enough to come to this Court at the appropriate time and the issue that has been raised by the petitioners cannot be considered, after the completion of the entire selection. This Court does not find any merits in the writ petition and accordingly, the same is dismissed. No costs. Consequently, connected miscellaneous petition is closed.
Sd/Assistant Registrar(CS VIII)
//True Copy//
Sub Assistant Registrar
To
1.The Principal Secretary,
School Education Department,
Fort.St.George,
Chennai 600 009.
2.The Director of School Education,
Nungambakkam,
Chennai-6.
3.The Chairman,
Teachers Recruitment Board,
4 th floor, E.V.K.Sampath Maligai,
College Road,
Chennai-6.
4.The Member Secretary,
Teachers Recruitment Board,
4 th floor, E.V.K.Sampath Maligai,
College Road,
Chennai-6.
+1cc to M/s.Ajmal Associates, Advocate Sr.12209
+1cc to the Government pleader Sr.13049
W.P.No.3542 of 2020
and
W.M.P.No.4146 of 2020
rsv[co]
srg 12/03/2020
1 issue framed by the court
Whether the Court should entertain a writ petition challenging a completed selection process filed late without prior approach at the appropriate time.
1 provisions across 1 enactments
B.Shabeer
Mohammed Shakul.M
E.Babu
The State of Tamil Nadu
The Director of School Education
The Chairman, Teachers Recruitment Board
N.Anand Venkatesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
