M. SENBAGAM Vs. TEACHER RECRUITMENT BOARD

JUDGEMENT

(1.) The present Writ Petition has been filed to quash the order of non selection passed by the first respondent dated NIL published on 12/9/2017 in the website and to direct the respondents to appoint the petitioner as P.G Assistant, Mathematics under M.B.C category for the recruitment year 2017 with all consequential benefits.

(2.) The brief facts of the case are as follows: The petitioner has passed 10/3/2007, 12th in March, 2009, B.Sc., Mathematics in the year 2012 in Bishop Ambrose College, Coimbatore, B.Ed., in the year 2013 in Rasi College of Education, Rasipuram and M.Sc., Mathematics in the year 2015 in Periyar University, Salem. He was fully qualified for the post of P.G. Assistant Mathematics and he has also registered his name in the employment exchange. The first respondent has published notification to fill up the posts of P.G. Assistant on 9/5/2017 calling for application from all eligible candidates by fixing the last date for submission of application on 30/5/2017 and fixed the date for written examination on 2/7/2017. The petitioner had applied and attend the written examination on 2/7/2017. After examination, the first respondent had issued the result on 11/8/2017. In the result, the petitioner has secured 77 marks in the written examination. The petitioner was granted one mark for employment seniority and totally the petitioner is having 78 marks. On the same day, i.e., 11/8/2017 the first respondent sent a communication to participate in the certificate verification on 28/8/2017 for the selected candidates. The petitioner participated in the certificate verification on 28/8/2017. After certificate verification, the first respondent published the result in the website. However, the petitioner's name was not selected for the reason that the petitioner is having parallel decree for P.G 2012-2014 and 2012-2013. The contention of the petitioner is that he had joined in B.Ed. degree on 22/8/2012 and completed on 19/5/2013. After completion of B.Ed. course, the petitioner joined in M.Sc., only on 2/8/2013 and completed on 5/5/2015. Therefore, there is no question of parallel degree at all. The cut of marks fixed for the post of P.G. Assistant Mathematics for M.B.C. Candidates 77 marks. Since the petitioner has secured 78 marks, he is eligible and entitled to get appointed. There is an error in the selection process and hence the petitioner has come up with this writ petition.

(3.) The learned counsel appearing for the first respondent filed counter stating that the duration of M.Sc., course is only for two years and the petitioner was admitted in the course only during August 2013 and completed the course in May 2015 only. However, the convocation certificate is clearly stated that the petitioner completed the course in December 2014. Moreover, the first respondent submitted that the petitioner has joined M.Sc., course in the year 2013 and she has completed the course on 5/5/2015, but the decree certificate produced by the petitioner reflected that she completed the course in December 2014 itself. Therefore, the first respondent contended that the petitioner has suppressed the fact of having completed M.Sc., degree in December 2014 itself. As per order of this Court dtd. 18/9/2017, the candidate was permitted to participate in the counseling and also permitted to select a place for the post of P.G. Assistant Mathematics on 19/9/2017 at Theni District. But, in the official letter to Teachers Recruitment Board by Chief Educational Officer, Theni, in R.C.No.2525/B4/2017, dtd. 21/9/2017, it is also stated that based on the educational certificates, it was found that candidate has obtained her M.Sc., and B.Ed., in the same year.