The High Court dismissed a review application filed by a petitioner challenging a previous order in a recruitment case. The court held that the earlier order allowing the petitioner to produce an experience certificate at verification did not require review.
Review application stands dismissed; no costs awarded.
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.
Rev.Appl.(MD).No.75 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated 01.11.2023
CORAM:
THE HONOURABLE MR. JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS. JUSTICE L.VICTORIA GOWRI
Rev.Appl.(MD).No.75 of 2023 in WA.(MD) No.549 of 2023
The Chairman,
Teachers Recruitment Board, 3rd Floor, Puratchi Thalaivar Dr. MGR Centenary Building, DPI Complex, College Road, Chennai.
.. Applicant
Versus
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Rev.Appl.(MD).No.75 of 2023
PRAYER: Review Application is filed under Section 47 Rule 1 and 2 of CPC read with Section 114 of Civil Procedure Code to review the order
passed by this Court in W.A.(MD) No.549 of 2023, dated 06.06.2023.
For Applicant : Mr.R.Neelakandan, Additional Advocate General, assisted by Mr.VR.Shanmuganathan
For Respondents for R1 : Mr.S.Sivaprakash for RR2 & 3 : Mr.Senthil Ayyanar, G.A.
ORDER
(The Order of the Court was made by R.SUBRAMANIAN, J)
Review is sought of the order dated 06.06.2023 on the ground that
the petitioner in the Writ Petition even in her application failed to state that she has no teaching experience and therefore, the window for uploading the experience certificate was not available to her.
appearing for the review petitioner would submit that though notification is
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Rev.Appl.(MD).No.75 of 2023
so worded that it confines 2 years teaching experience on full time basis in the Government / Aided / Self-financing Polytechnics or Engineering Colleges or 4 years teaching experience on part time basis in the Government / Aided / Self-financing Polytechnics or Engineering Colleges, clause 12(d) refers to Annexure 3, which is the format of experience certificate and the said annexure 3 makes the provision for issuance of experience certificate for experience in Government / Aided / Self-financing Arts and Science Colleges and Universities. Therefore, according to the learned Additional Advocate General, the error was on the part of the first respondent in saying "No" to the requirement of experience found in the application.
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Rev.Appl.(MD).No.75 of 2023
publication dated 11.03.2022, the TRB has made it clear that experience certificate for work experience in Government / Aided / Self-financing Arts and Science Colleges should be obtained from the Regional Joint Director of Collegiate Education. After the publication, the first respondent has sought for a window to upload her certificate, but she was unable to upload the same. The learned Single Judge had allowed the Writ Petition permitting her to produce certificate at the time of certificate verification. We upheld this order.
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Rev.Appl.(MD).No.75 of 2023
has bonafidely believed that teaching experience in Arts and Science College is not eligible for weightage marks. Once it was shown that teaching experience in Arts and Science College is also eligible for weightage, the first respondent had produced certificate at the time of certificate verification and hence, denying an opportunity of employment to the respondent, is not correct. We therefore, do not see any merit for reviewing the earlier order. The Review Application stands dismissed. It is made clear that this order shall not be treated as a precedent in any other
cases. No costs.
(R.S.M.J.,) (L.V.G.J.,) 01.11.2023
Speaking order: Yes/No Index : Yes/No pvs
To
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Rev.Appl.(MD).No.75 of 2023
R.SUBRAMANIAN , J. and L.VICTORIA GOWRI , J.
pvs
Rev.Appl.(MD).No.75 of 2023 in WA.(MD) No.549 of 2023
01.11.2023
Page No.6 / 6
2 issues framed by the court
Whether the review application challenging the order in W.A.(MD) No.549 of 2023 deserves allowance.
Whether misleading notification regarding teaching experience eligibility constitutes a substantive error warranting review.
Alagulakshmi
The Chairman, Teachers Recruitment Board
The Principal Secretary to Government, Department of Higher Education
The Director of Technical Education
R.Subramanian
L.Victoria Gowri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
