STATE OF TAMIL NADU Vs. K. JEYANTHI

JUDGEMENT

(1.) The intra-court Appeals arises out of the common order dated 30.08.2017 in W.P. (MD) Nos. 17164, 17292 and 17293 of 2014 passed by the Learned Judge of this Court. The parties are hereinafter referred to as per their description in the Writ Petition for the sake of convenience.

(2.) The Petitioners in W.P. (MD) Nos. 17164, 17292 and 17293 of 2014, who belong to the Hindu Piramalai-Kallar community had applied for appointment though direct recruitment as Secondary Grade Teachers in the selection conducted for the year 2012-2013 by the Teachers Recruitment Board. An addendum was issued to the Notification in Advt. No. 5 of 2014, dated 06.08.2014, seeking all Teacher Eligibility Test (hereinafter referred to as 'TET' for short) Paper-I qualified candidates belonging to Hindu Priamalai-Kallar community, willing to work in the schools run by the Kallar Reclamation Department, to exercise their option for the same, failing which, their candidature would not be considered for preferential selection in the vacancy of that Department. The Petitioners had sent a representations dated 02.09.2014 with postal receipt dated 04.09.2014 showing that they had exercised the option to be posted in the schools run by the Kallar Reclamation Department. However, the Petitioners were posted in the schools under the control of the Directorate of Elementary Education, on finding that they had secured higher marks and had ignored the option exercised by them for appointment in the schools run by the Kallar Reclamation Department. The Petitioners had filed the aforesaid Writ Petitions challenging the selection list of the Secondary Grade Teachers in the schools run by the Kallar Reclamation Department in the order dated 15.10.2014 as the candidates selected therein had secured lesser marks than them and for consequential direction to appoint them in their place.

(3.) The Learned Judge, who heard the matter, rightly arrived at the conclusion that inasmuch as the Petitioners had secured higher marks in TET Paper-I qualifying examination, they ought to have been given preference for appointment in the vacancy in the schools run by the Kallar Reclamation Department rather than the candidates who had secured lesser marks than them and allowed the Writ Petitions by common order dated 30.08.2017. Aggrieved thereby, the Respondents have preferred this appeal.