In a batch of intra-Court appeals and writ petitions filed before the Madras High Court regarding the second provisional selection list published by the Teachers Recruitment Board for appointment to the post of P.G. Assistants (Economics), a Division Bench of Justice S.M. Subramaniam and Justice Krishna Swamy Govindarajan directed an enquiry to identify the officials responsible for not implementing the Supreme Court’s judgment and to cancel the second provisional selection list published on 13-10-2022.
The recruitment notification for selection and appointment to the post of P.G. Assistants (Economics) was notified by the Teachers Recruitment Board in 2021. The respondents in the writ appeals and the writ petitioners participated in the selection process and their names were found in the first provisional selection list, which was published on 14-09-2022. However, their names were not found in the second provisional list published on 13-10-2022. The intra court appeals had been instituted by the Teachers Recruitment Board, whereas the writ petitions were filed by the candidates.
The issue in the present matters was regarding the interpretation and implementation of Section 27(f) of the Tamil Nadu Government Servants (Conditions of Service) Act, 2016 (Act). The aspirants contended that the ratio laid down by the Supreme Court in State of Tamil Nadu & Ors. v. K. Shobana & Ors. (2021) 4 SCC 686 and by a Division Bench of this Court in J. Sheena v. Tamil Nadu Public Service Commission & anr. MANU/TN/0890/2024 were not followed by the Teachers Recruitment Board.
A counter filed by the Teachers Recruitment Board mentioned that the decision in Shobana (supra) was applied only in respect to the recruitment to the post of Post Graduate Assistants/Physical Education Director Grade-I for the recruitment year 2018-19. Whereas, the second provisional list was prepared under Section 27(f) of the Act. Hence, the Teachers Recruitment Board admitted that it had not followed the ratio laid down by the Supreme Court. Regarding the decision in J. Sheena (supra), the Board stated that since the judgment had been delivered on 27-02-2024, whereas, the second list was published on 13-10-2022, the said decision had no application.
The Court refused to accept the contentions of the Teachers Recruitment Board while stating that on the date of publication of the second provisional list, the Supreme Court’s judgment was very much in force and that the Board had intentionally failed in its duty to implement the same. It was stated that the manner in which the provisional selection list was issued showed that the Board had disrespected the Supreme Court’s judgment which was deprecated.
Hence, the Court directed the Chairman, Teachers Recruitment Board, to conduct an enquiry and to identify the officials who were responsible and accountable for not implementing the Supreme Court’s directions, as well as to initiate departmental disciplinary proceedings, if necessary. Further, the Teachers Recruitment Board was directed to cancel the second provisional selection list published on 13-10-2022 for selection and appointment to the post of P.G. Assistant (Economics) and to publish a fresh selection list by strictly implementing the ration laid down by the Supreme Court in Shobana (supra).
The Board was also directed to publish the revised selection list for appointment to the said post and to appoint the candidates as per the selection list by following the procedures within six weeks. Thus, the batch of petitions was disposed of.
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