Pandimuni P Vs the Chairman

The Chairman Teachers Recruitment Board 3^rd Floor, Puratchi Thalaivar Dr.M.G.R.Centenary Building D.P.I.Campus, College Road Chennai-600 006 ... Respondent

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PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorarified mandamus to call for the records pertaining to the impugned certificate verification list of the direct recruitment for the post of Block Educational Officer in Elementary Education Department for the year 2018-2019 dated 10.01.2022 in so far as the serial Number of 191 and 192 is concerned and quash the same as illegal and consequently to direct the

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respondent to permit the petitioner to participate to certificate verification scheduled on 19^th and 20^th of January 2022.

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For Petitioner : Mr.G.Chandrasekar

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For Respondent : Mr.T.Amjad Khan Standing Counsel

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O R D E R

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This writ petition has been filed challenging the impugned certificate verification list for direct recruitment to the post of Block Educational Officer in Elementary Education Department for the year 2018-2019 dated 10.01.2022, insofar as the candidates disclosed in serial Nos.191 and 192 of the impugned certificate verification list are concerned.

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2. The petitioner is aggrieved by his non-selection in the impugned certificate verification list for direct recruitment to the post of Block Educational Officer in Elementary Education Department for the year 2018-2019, dated 10.01.2022.

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3. The petitioner claims that he belongs to ST (Tamil) category and he is eligible to be appointed to the post of Block Educational Officer in Elementary Education Department for the year 2018-2019 as per the recruitment notification. However, he claims that he was not called for the certificate verification for the said post. But, to his shock and surprise, he found that persons, who are not eligible to be appointed under ST (Tamil) category, namely, the candidates disclosed in Serial Nos.191 and 192 of the impugned certificate verification list, were called for certificate verification. The petitioner claims that he has satisfied all the requirements for selection to the post of Block Educational Officer in Elementary Education Department. But, arbitrarily and illegally, his name has been excluded from the impugned certificate verification list. The petitioner has filed documents along with this writ petition to show that he has satisfied the eligibility criteria for being appointed to the post of Block Educational Officer in Elementary Education Department for the year 2018 – 2019.

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4. A counter affidavit has been filed by the respondent denying the contentions of the petitioner. In particular, the respondent has submitted

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that Clause (b) of G.O.145 states “Persons Studied in Tamil Medium” means persons, who have obtained the educational qualification or qualifications prescribed for direct recruitment in the rules and regulations or orders applicable to any appointment in the services under the State through Tamil medium of instruction. He has also stated that the candidates mentioned in serial Nos.191 and 192 of the impugned certificate verification list, who have been called for the certificate verification under the impugned certificate verification list, have studied their UG Degree in the subjects other than the Tamil and produced PSTM certificate for having studied the subject in Tamil medium. According to the respondent, since they have secured eligible marks for certificate verification under PSTM category, they were called for certificate verification under the impugned certificate verification list. According to the respondent, the petitioner has studied B.Lit., (Tamil) and there is no separate Tamil medium stream for the said subject and therefore, the petitioner has got no vested right to claim reservation under the PSTM category. According to the respondent, PSTM certificate is given to someone, who have studied in

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Tamil medium, not to someone, who have studied Tamil as a subject in S.S.L.C., H.S.C., or while pursuing a degree. Therefore, according to the respondent, the petitioner is ineligible to claim reservation under the PSTM category.

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5. The following facts are undisputed:

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(a) Subsequent to the filing of this writ petition in the year 2022, the candidates disclosed in serial Nos.191 and 192 of the impugned certificate verification list were issued with appointment orders by the Government for being appointed to the subject post.

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(b) The petitioner is not having the benefit of any interim order from this Court, even though this writ petition was filed in the year 2022.

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(c) The petitioner has not impleaded the candidates disclosed in serial Nos.191 and 192 of the impugned certificate verification list, who were issued with the appointment orders, subsequent to the filing of this writ petition.

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(d) Even though this writ petition is pending from 2022 onwards, the petitioner, having come to know that appointment orders were issued in favour of the candidates disclosed in serial Nos.191 and 192 of the impugned certificate verification list, has not chosen to implead them as party respondents in this writ petition, as certainly they are necessary parties for the effective adjudication of this writ petition.

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(e) Without hearing the candidates disclosed in serial Nos.191 and 192 of the impugned certificate verification list, who were subsequently issued with the appointment orders, this Court cannot entertain this writ petition, since, if entertained, the rights of the candidates, who were appointed subsequently, namely, the candidates disclosed in serial Nos.191 and 192 of the impugned certificate verification list, will be affected and they will be condemned unheard.

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(f) At this stage, the question of permitting the petitioner to implead the candidates disclosed in serial Nos.191 and 192 of the impugned certificate verification list, after a lapse of more than three years, does not arise and if such an application seeking to implead them as party respondents is entertained at this stage, there will be no finality to any litigation.

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(g) The respondent has also raised objections with regard to the petitioner's claim. They have given reasons in the counter affidavit filed before this Court, as stated supra, for rejecting the petitioner's case. Though this Court is not deciding the same on merits, as it is not required for this Court to do so for the aforementioned reasons, but on a prima facie consideration, the objections raised by the respondent, through his counter, with regard to the petitioner's claim, may deserve merit, if this Court is going to decide the same on merits.

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6. This Court is dismissing this writ petition without going into the merits of the matter only due to the undisputed facts disclosed in the earlier paragraph of this order.

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7. In the result, there is no merit in this writ petition. Accordingly, this writ petition is dismissed. No costs. Consequently connected miscellaneous petitions are closed.

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11.09.2025

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NCC : Yes / No Index : Yes / No Internet : Yes / No

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krk

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