R.K. JAYANTHI Vs. THE CHAIRMAN TEACHERS RECRUITMENT BOARD

JUDGEMENT

(1.) The petitioner seeks to quash the provisional select list of candidates published by the first respondent after completion of certificate verification in so far as it relates to the selection of the third respondent to the post of PG Assistant (Botany) in the vacancy earmarked for Scheduled Caste (Arunthathiyar) Women Category (SCAW) and to appoint the petitioner to the said post in Scheduled Caste (Arunthathiyar) Women Category (SCAW).

(2.) The petitioner would contend that she belong to Scheduled Caste Arunthathiyar (SCA) Community and in response to the notification dated 07.11.2014 issued by the first respondent for selection and appointment to various posts in Government Higher Secondary Schools, she has applied for being appointed to the post of the Post Graduate Assistant under the Scheduled Caste Arunthathiyar Community (Women) category. As per the notification dated 07.11.2014 of the first respondent, 95 vacancies have been earmarked for the post of Post Graduate Assistant (Botany). According to the petitioner, the selection includes written examination and certificate verification of short listed candidates to be called in the 1 : 1 ratio and marks secured in the written examination and certificate verification will form the basis for selection. Further, as per the prospectus, weightage marks will be awarded for employment exchange seniority. On the basis of her application, the petitioner was called for a written examination, which she had attended on 10.01.2015, the results of which were published by the first respondent on 06.02.2015 in which she has secured 103 marks. According to the petitioner, she has secured the highest marks under the Scheduled Caste Arunthathiyar Community and therefore her name was included in the provisional select list of candidates called for certificate verification under the Scheduled Caste Arunthathiyar Community in Serial No.103 thereof. By a communication dated 09.02.2015, the petitioner was further called upon to appear for a certificate verification on 17.02.2015 and her certificates were duly verified. At the time of such certificate verification, based on the period of waiting after registration of her name in the employment exchange, the petitioner was awarded 5 marks. Thus, totally, the petitioner has secured 108 (103 + 5) marks.

(3.) According to the petitioner, the third respondent has been included in the provisional list of candidates in Schedule Caste Women Category in Serial No.5 inasmuch as she submitted her application for appointment to the post of PG Assistant (Botany) only under the Schedule Caste Women Category. The name of the third respondent was also included in the shortlisted candidates under the Scheduled Caste Women Category. However, when the first respondent published the impugned select list on 25.02.2015, the name of the petitioner was not included under the Scheduled Caste Arunthathiyar Women Category, instead the name of the third respondent was included in that category namely Scheduled Caste Arunthathiyar Women Category in Serial No.92. According to the petitioner, the third respondent never applied for the post of PG Assistant (Botany) under the Scheduled Caste Arunthathiyar Women Category and she applied for the post only under Scheduled Caste Women Category. However, while publishing the impugned select list, the name of the third respondent was included under the Scheduled Caste Arunthathiyar Women Category and she was selected to the post of PG Assistant (Botany). It is the vehement contention of the petitioner that she is the top scorer under the Scheduled Caste Arunthathiyar Women Category and therefore, she ought to have been selected to the post of PG Assistant (Botany). Thus, according to the petitioner, there was a serious irregularity committed by the respondents 1 and 2 while processing the application submitted by the third respondent for selection to the post of PG Assistant (Botany) and therefore, she has come forward with this writ petition questioning the selection of the third respondent to the post of PG Assistant (Botany) under the Scheduled Caste Arunthathiyar Women Category.