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Madras High CourtWP/250/2024dismissed

B.Daisy Rani v. The State Of Tamil Nadu

2024-01-09Honourable Mr Justice G.K. Ilanthiraiyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.01.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P.Nos.299, 301 and 303 of 2024 1.B.Daisy Rani 2.P.Tamilmaran

...Petitioners

-Vs1.The State of Tamilnadu, Represented by its Principal Secretary to Government, School Education Department, Fort St.George, Chennai - 600 009.

2.National Council for Teacher Education, G-7, Sector -10, Dwarka, New Delhi - 110 075.

3.Teachers Recruitment Board (TRB), 4th Floor, DPI Campus, College Road, Chennai - 600 006.

4.The Director of School Education, Directorate of School Education, DPI Campus, College Road, Chennai - 600 006.

... Respondents

Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, to call for the records of G.O.Ms.No.149 School Education (TRB) Department dated 20.07.2018 issued by the 1st respondent and to quash the same as being ultravires the Right of Children to Free and Compulsory Education Act 2009 and the NCTE Notifications dated 11.02.2011 and 29.07.2011 and as much unsustainable in law and for a consequential direction to the respondents to make direct recruitment to the post of Secondary Grade Teachers/Primary School Teachers or Graduate Teachers/BT Assistants as the case may be in Government schools without recourse to the competitive written examination but on the basis of TET marks and TET passed seniority or as per any other method of selection to be adopted by the state government.

For Petitioners : M/s N.Kavitha Rameshwar For R1 to R4 : Mr.S.Silambanan Additional Advocate General assisted by Dr.T.Seenivasan Special Government Pleader For R3 : Mr.R.Neelakandan Additional Advocate General assisted by Mr.C.Kathiravan Standing Counsel

ORDER

This writ petition has been filed challenging G.O.Ms.No.149 School Education (TRB) Department dated 20.07.2018 issued by the 1st respondent and to quash the same as being ultravires the Right of Children to Free and Compulsory Education Act 2009 and the NCTE Notifications dated 11.02.2011 and 29.07.2011 and as much unsustainable in law and for a consequential direction to the respondents to make direct recruitment to the post of Secondary Grade Teachers/Primary School Teachers or Graduate Teachers/BT Assistants as the case may be in Government schools without recourse to the competitive written examination but on the basis of TET marks and TET passed seniority or as per any other method of selection to be adopted by the state government.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Advocate General appearing for the respondents 1, 3 and 4 and perused the materials available on record.

3. This Court had already dealt with a similar issue in W.P.No.161 of 2024 and this Court, by an order dated 08.01.2024, dismissed the writ petition.

4. Therefore, in the light of the order passed by this Court in W.P.No. 161 of 2024, dated 08.01.2024, this writ petition is dismissed. Consequently, connected Miscellaneous petitions are closed. There shall be no order as to costs.

09.01.2024 (1⁄2) Internet: Yes Index : Yes/No Speaking/Non Speaking order mn

To 1.The Principal Secretary to Government, School Education Department, Fort St.George, Chennai - 600 009.

2.The National Council for Teacher Education, G-7, Sector -10, Dwarka, New Delhi - 110 075.

3.The Teachers Recruitment Board (TRB), 4th Floor, DPI Campus, College Road, Chennai - 600 006.

4.The Director of School Education, Directorate of School Education, DPI Campus, College Road, Chennai - 600 006

G.K.ILANTHIRAIYAN. J, mn and W.M.P.Nos.299, 301 and 303 of 2024 09.01.2024