K.PANDIYAN Vs. DIRECTOR OF ELEMENTARY EDUCATION

JUDGEMENT

(1.) This writ appeal is filed, aggrieved by the order of learned single Judge dtd. 16/3/2022 in W.P. No.1643 of 2022, in and by which even while directing the respondents to consider the representation of the writ petitioner and pass orders, the learned single Judge, in para 10, had found that since the writ petitioner's degree qualification was entered in the service register only on 23/11/2021 and the panel was prepared as on 1/1/2021, the respondents could not have included his name.

(2.) Heard Mr.S.N.Ravichandran, learned counsel for the appellant and Mr.S.Yashwanth, learned Additional Government Pleader for respondents 1 to 4.

(3.) Learned counsel appearing on behalf of the appellant would submit that in this case, the writ petitioner wrote his final examination on 23/10/2020 and the results were declared on 5/10/2021 only because of the covid-19 pandemic situation. It is settled law by the earlier pronouncements of this Court that once results are declared, the date of obtaining of the qualification would date back to the last date of writing of the examination. He would submit that even though the crucial date is 1/1/2021, the panel was prepared only on 15/11/2021. Before the date of preparation of the panel, as on 5/10/2021, the results were declared and the petitioner has submitted the results. It is only the administrative delay on the part of the respondents to enter the same in his service register only on 23/11/2021. Therefore, he would submit that the learned single Judge erred in taking into account the said date as the relevant date and not granting the positive direction as prayed for in the writ petition.