புதன், 30 ஜூலை, 2014

MADURAI BENCH OF MADRAS HIGH COURT :வேலைவாய்ப்பக சீனியாரிட்டி அடிப்படையில் முதுகலை ஆசிரியர்கள் நியமனம் கோரிய மனு தள்ளுபடி

வேலைவாய்ப்பக சீனியாரிட்டி அடிப்படையில் முதுகலை ஆசிரியர்கள் நியமனம் கோரிய மனு தள்ளுபடி
DETAILS OF JUDJEMENT



Pommakkal ... Petitioner

Vs.

The Teachers Recruitment Board,

... Respondent

Writ petition filed under Article 226 of the Constitution of India
praying for issuance of a Writ of Certiorarified Mandamus calling for the
records relating to the impugned order dated Nil issued by the respondent and
quash the same as illegal and consequentially to direct the respondent to
consider the petitioner for appointment to the post of Graduate Assistant
(History) for the year 2009 - 2010 taking into account the seniority of the
petitioner in the Employment Exchange.


:ORDER

The petitioner originally had Undergraduate Degree in Home Science and
B.Ed. Degree. She registered the same on the file of the local Employment
Exchange on 17.12.1987. Subsequently, she secured B.A. Degree in History in
the year 2006. Thereafter, she registered the same in the month of December
2006. Subsequently, she secured M.A. Degree in History in the year 2009.
During the year 2006, several names were sponsored by the local Employment
Exchange in Madurai District, for appointment as Post Graduate Assistant in
History. But the petitioner was not considered for being sponsored, because
the petitioner did not come within the zone of consideration. Subsequently,
during the year 2009-2010, another Recruitment Notification was issued and at
that time, the petitioner was called for certificate verification. But she
was not selected. Therefore, she is before this Court with this writ
petition, seeking a direction to direct the respondent to consider the
petitioner for appointment to the post of Graduate Assistant (History) for
the year 2009-2010 taking into account the seniority of the petitioner in the
Employment Exchange.

2.In the counter filed by the respondent, it is stated that the
petitioner suffers two disqualifications and therefore, she was not selected.
The first one is that, B.A. Degree in History had been done by her in one-
year period. According to the respondent, B.A.Degree obtained without
undergoing a course for three full years, cannot be considered for
appointment. This has been held so by this Court and the same has been
confirmed by the Division Bench. The second disqualification is, the cut-off
date for Most Backward (Women) Communal Turn, is 04.10.1990. As on
04.10.1990, the petitioner had neither B.A. History qualification, nor M.A.
History Post Graduate Degree. Therefore, as on the cut-off date, she was not
qualified for appointment.

3.Only for the above reasons, she was not selected. For the said
action, I do not find any infirmity warranting interference by this Court.
Thus, I do not find any merit in this writ petition.

4.In the result, the writ petition fails and accordingly the same is
dismissed. Consequently, the connected miscellaneous petitions are closed. No
costs.