GOVERNMENT OF TAMILNADU Vs. S PRABAKAR

JUDGEMENT

(1.) THE present writ petition has been filed by the State of Tamil Nadu and other Subordinate Officers challenging the order passed by the Tribunal in O. A. No. 570 of 2000 dated 23. 8. 2001.

(2.) THE facts giving rise to the filing of the present writ petition are as follows :-The Teachers Recruitment Board had notified recruitment of 153 posts of P. G. Assistant (Commerce) for the year 1998-99. Respondent No. 1 was one of the candidates. The Teachers Recruitment Board selected 149 candidates and also prepared a waiting list of successful candidates. The present Respondent No. 1 was at S. No. 3 of such waiting list. Since 153 posts had been advertised for and only 149 candidates had been appointed, the present Respondent No. 1, who was at S. No. 3 of the waiting list, filed O. A. No. 570 of 2000 for a direction to the present petitioners to appoint him as P. G. Assistant (Commerce) in any Higher Secondary School under the Directorate of School Education. By order dated 31. 1. 2000, the Tribunal had issued a direction to keep one post of P. G. Assistant (Commerce) vacant. Subsequently, after hearing both sides, the Tribunal disposed of the Original Application by giving a direction to the present petitioners to appoint the present Respondent No. 1 against the vacant post, which had remained unfilled on account of the said order. Such direction of the Tribunal is under challenge.

(3.) THE main contention of the Special Government Pleader appearing for the petitioners is to the effect that even though a person is kept in the select list or in the waiting list, such a person has got no absolute right to claim appointment, and therefore, the Tribunal should not have issued any direction giving appointment to the present Respondent No. 1. In support of such contention, learned Special Govt. Pleader has placed reliance upon a decision of the Supreme Court reported in (1997)5 Scc 170 (K. Jayamohan V. State Of Kerala And Another ).