Dismissed

M.Maheswari, v. The Member Secretary

Madras HC12 Jul 2022WP/13200/2015

Case brief

AI extract

What is this about?

The High Court of Madras disposed of a writ petition seeking appointment as Computer Instructor. The Court held that appointment is not a right and must be made through an open competitive process. Due to the length of time elapsed since the petitioner's qualification, the claim lost relevance, and she must participate in future selection procedures.

What did the court decide?

The writ petition was disposed of; the petitioners was directed to participate in any future selection process on merits.

M.Maheswari, Vs The Member Secretary — Education and Admissions | Madras HC (2022)

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WP No.13200 of 2015

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 12-07-2022

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CORAM

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THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM

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WP No.13200 of 2015 And MP No.1 of 2015

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M.Maheswari .. Petitioner

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vs.

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The Member Secretary, Teachers Recruitment Board, 4^th Floor, EVK Sampath Maaligai, DPI Compound, College Road, Chennai – 600 006. .. Respondent

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Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondent to appoint the petitioner as Computer Instructor based on the petitioner's 2^nd B.Ed., Degree obtaind in the year 2010.

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For Petitioner : Mr.K.Sannjay

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https://www.mhc.tn.gov.in/judis

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WP No.13200 of 2015

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For Respondent : Mr.C.Kathiravan,

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Special Government Pleader forTRB. O R D E R

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The relief sought for in the present writ petition is to direct the

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respondent to appoint the petitioner as Computer Instructor based on the petitioner's Second B.Ed., Degree obtained in the year 2010.

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2. Appointment can never be claimed as a matter of right.

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Appointments are to be made strictly in accordance with the Recruitment Rules in force.

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3. At present, the selection to the post of Computer Instructor

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has to be done only through Open Competitive Process by the Teachers Recruitment Board (TRB).

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4. The claim of the writ petitioner that he has obtained B.Ed., Degree in the year 2010 and therefore, she should be appointed as Computer Instructor, cannot be considered at this length of time. Thus, the petitioner has to participate in the process of selection for appointment to any post.

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https://www.mhc.tn.gov.in/judis

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WP No.13200 of 2015

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5. In view of the facts and circumstances and considering the

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length of time, the relief, as such sought for in the present writ petition, lost its relevancy and the petitioner is at liberty to participate in the process of selection if any Recruitment Notification has been issued by the Competent Authority/Recruitment Board. Thus this Court wishes the petitioner to secure the appointment through Open Competitive Process on merits and in accordance with the Rule of Reservation.

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6. Accordingly, the writ petition stands disposed of. However,

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there shall be no order as to costs. Consequently connected miscellaneous petition is closed.

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12-07-2022 Index : Yes/No. Internet : Yes/No. Speaking Order/Non-Speaking Order. Svn

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https://www.mhc.tn.gov.in/judis

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WP No.13200 of 2015

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S.M.SUBRAMANIAM, J.

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Svn

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The Member Secretary, Teachers Recruitment Board, 4^th Floor, EVK Sampath Maaligai, DPI Compound, College Road, Chennai – 600 006.

W P 13200 of 2015

12-07-2022

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https://www.mhc.tn.gov.in/judis

M.Maheswari, v. The Member Secretary

Case brief

What is this about?

What did the court decide?

M.Maheswari, v. The Member Secretary

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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