D ULAGANATHAN Vs. CHAIRMAN TEACHERS RECRUITMENT BOARD

JUDGEMENT

(1.) AT the stage when the injunction petition and the direction petition are listed, considering the limited issue involved and with the consent of the learned counsel on either side, the writ petition itself is taken up for disposal.

(2.) THE petitioner applied for appointment to the post of Junior Grade Assistant (Mathematics) pursuant to the notification and the prospectus issued by the Teachers Recruitment Board. At the time of application, the petitioner forwarded, among other documents, the community certificate issued by the Head Quarters Deputy Tahsildar, Gudiyatham certifying the petitioner as belonging to Hindu Vanniakulakshathiriya community, which is recognised as a Backward Class, as per G. O. Ms. No. 1564 (SW) dated 30. 7. 85. His claim for appointment was rejected on the ground that he did not obtain the required marks for appointment under the post reserved for backward community candidates.

(3.) THE grievance of the petitioner is that prior to the year 1989, the Hindu Vanniakulakshathiriya community was recognised only as Backward Class and thereafter by G. O. (Manuscript Series) No. 28, Backward Classes and Most Backward Classes Welfare Department dated 19. 7. 94, the said Hindu Vanniakulakshathiriya community has been recognised as a Most Backward Class. Hence, the petitioner applied to the Deputy Tahsildar, Gudiyatham for issuance of community certificate and who issued such a certificate on 27. 1. 2004 certifying the petitioner has belonging to Hindu Vanniakulakshathiriya community, which is recognised as a Most Backward Class. Though the petitioner produced the said community certificate to the authorities, of course, after the last date for submitting the application viz. , on 14. 11. 2003, the same was not taken into consideration. Hence, the present writ petition seeking for quashing of the proceedings of the first respondent made in O. Mu. No. 1136/a. 4/2004 dated 2. 7. 2004 and direct the first respondent to select the petitioner as Junior Grade Assistant under Most Backward Community quota for the year 2003-2004 and direct the second respondent to appoint the petitioner as Junior Grade Assistant under Most Backward Community quota for the year 2003-2004 with due seniority and attendant benefits.