T KATHIRAVAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This writ Petitioner who claims that he has completed his teacher training course for the year 2000-2002 could not get his certificates as he had lack of attendance for the first year and the same was sent for condonation. But the condonation was ultimately permitted only on 29.07.2004 and therefore, the certificate of his completion also was issued on 09.10.2004 as there has been administrative delay in the process of condonation and therefore even though he completed the Course in the year 2002, he could get certificate only in the year 2004. Hence, he lost two years and two months due to the inordinate delay of the administration. Had be been given condonation earlier, he could have got certificate earlier and he would have registered his name in the Employment Exchange earlier and if he had registered earlier, he could have been selected in the selection for the year 2009. Therefore, all these process has been lost due to the only cause of administrative delay of the Government in condoning the absence from the college. Further, he would contend that as per the publication made, the persons who were eligible are those who have registered on 11.10.2004. Whereas, because he got the certificate only on 09.10.2004, he registered himself only on 13.10.2004. He was not even considered. Therefore, he has come forward with this writ petition seeking for a Mandamus directing the Respondents to give appointment as Secondary Grade Teacher in the selection made for the years 2007-2008 and 2008-2009, after granting necessary relaxation for delay in registration in employment exchange.

(2.) The learned Government Advocate submitted that the writ petition itself is not maintainable as there cannot be a Mandamus directing the authorities to give exemptions enabling him to get retrospectively the exemption and employment. The Petitioner has not chosen to appear in the class and hence condonation of attendance has to be applied by him and due to excess number of days for condonation there was a delay in giving condonation which is now sought to be quashed. But unfortunately, from 2002 when he stated that he had finished the examination and the course, has not even chosen to make one representation to the Government or to the Principal seeking for his condonation. He kept quiet without giving any representation, and only after the condonation given and after getting the certificate in 2004, only when the applications were called for fulfilling the post of the teacher when he was not selected, he has come forward with this writ petition seeking for a Mandamus seeking appointment. Such a mandamus cannot be granted by this Court.

(3.) Heard both the parties. The short point for consideration in this writ petition is whether the writ Petitioner is entitled to the relief as claimed for by him.