The Chairman, Teachers' Recruitment Board vs R. Mahalakshmi and The Registrar, Tamil Nadu Administrative Tribunal

K. Chandru, J.—The Chairman of the Teachers'' Recruitment Board is the petitioner herein. Aggrieved by the order, dated 12.07.2002,

passed by the Tamil Nadu Administrative Tribunal, Chennai, in O.A. No. 642 of 2002, the present Writ Petition has been filed.

Before the Tribunal, the first respondent herein filed Original Application No. 642 of 2002, challenging the selection made for the posts of

School Assistant by the petitioner/Board. Curiously, the first respondent did not implead the State Government and the selected candidates as

party respondents. On 11.02.2002, the Tribunal passed an interim direction to the effect that any appointment made, pursuant to the selection,

shall be subject to the result of the Original Application. It transpires that the selection to the post of B.T. Assistant under the Tamil Nadu

Educational Subordinate Service was finalised on 03.01.2002 and in respect of all the 29 posts notified against Zoology subject for the year 2001-

2002, recruitment was duly made by appointing those candidates who were selected in accordance with merit and communal rotations. The

Tribunal was not informed of the same and when the matter came up on 12.07.2002, the Government Advocate representing the petitioner

submitted before the Tribunal that, since already directions have been issued that selection would be subject to result of the O.A., the main matter

may be taken up. However, the Tribunal recording the submission made, gave a direction to the petitioner to temporarily select the applicants

before it including the first respondent herein and give postings to them and ordered the Original Applications accordingly.

It is unfortunate that the Tribunal, without calling for requisite details from the writ petitioner regarding the exact nature of selection and without

directing the first respondent to implead all the selected candidates, disposed of the Original Application that too with a curious direction that the

applicants before it should be temporarily selected and given postings as Graduate School Assistants. When selection is made by the Recruitment

Board, there is no question of any temporary selection and directing the Board to give posting. The only question before the Tribunal was as to

whether the selection made is proper in accordance with the Rules. Such exercise has not been undertaken by the Tribunal, but on the contrary, an

ipse dixit direction was given to select the first respondent. We cannot approve such course of action adopted by the Tribunal. It is also seen that

the selected candidates are not before court.

In these circumstances, the writ petition stands allowed and the impugned order of the Tribunal, dated 12.07.2002, passed in O.A. No. 642 of

2002, is set aside. No costs. Connected Miscellaneous Petition stands closed.