LAWS(MAD)-2011-11-410

C R ANITHA Vs. STATE OF TAMIL NADU

Decided On November 10, 2011
C R Anitha Appellant
V/S
STATE OF TAMIL NADU Respondents

JUDGEMENT

(1.) It is rather unfortunate that the petitioner, who hails from Kanyakumari District and after having secured an employment as a Secondary Grade Teacher by selection made by the Teachers' Recruitment Board, has come forward to file the present Writ Petition.

(2.) In this Writ Petition, the prayer made by the petitioner was a direction to respondents 2 to 6 to consider her claim for appointment as a Secondary Grade Teacher in Tamil medium in anyone of the vacancies available in Kanyakumari District, which are sought to be filled up by G.O.Ms.No.220, School Education (S2) Department, dated 10.11.2008.

(3.) When the Writ Petition came up for admission on 14.07.2009, notice of motion was ordered. Pending the notice of motion, no interim orders were granted in favour of the petitioner, though applications to that effect were filed by the petitioner. The petitioner claims that she is a qualified teacher and has registered her name in the District Employment Exchange, Kanyakumari on 11.06.1987. Subsequently, she had acquired additional qualifications and she has got M.Phil, during August, 1998. At that time, when the petitioner registered her name in the Employment Exchange, the post of school teachers including the post of Secondary Grade Teachers were filled up by candidates, who were recruited on the basis of the seniority in the District Employment Exchange. Even at the relevant time, many candidates, who hail from Kanyakumari District and Tirunelveli District, as those districts have the maximum number of trained teachers, got their names transferred to different Employment Exchanges, wherein there were dearth of qualified teachers. Having got transferred their names to that Exchange, they got employment, even before their senior counterparts in Kanyakumari could get their employment. This action gave rise to problems, such as the local district people protesting against the so-called migrants. The District Revenue authorities conducted enquiries about the bona fides of such transfers. There were too many litigations before this Court on the basis of the rights claimed by the so called migrants and the protest by the so called locals. Finally, it led to a Writ Petition being filed before this Court, challenging the very concept of recruitment through district level employment exchanges on the basis of district wise seniority.