V.P.Nalathambi v. The State Of T.N.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.06.2023 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU V.P.Nalathambi ..
Petitioner in WP No.9519/09 The Tamil Nadu Postgraduate Teachers Association No.4, Dr.Radhakrishnan Nagar Abdulla Street Choolaimedu Chennai 600 094 rep. by its State Legal Secretary Petitioner in S.Arunagiri.
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WP No.9723/09 Vs.
The State of Tamil Nadu Rep. by its Secretary Department of School Education Fort St. George, Chennai 600 009.
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R1 in both W.Ps.
The Teachers Recruitment Board Rep. by its Chairman 4th Floor, EVK Sampath Maligai
The Director of Elementary Education The District Elementary Educational Officer Salem, Salem District.
The Assistant Elementary Educational Officer Mecheri R2 to R5 in Salem District.
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WP No.9519/09 The Director of School Education College Road Chennai 600 006.
The Joint Director of School Education Higher Secondary College Road R2 and R3 in Chennai 600 006.
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WP No.9723/09 Prayer: Petitions filed under Article 226 of the Constitution of India seeking (i) a writ of Declaration declaring the impugned provisions under the Special Rule of T.N. Elementary Education Subordinate Service Rules, 1988, more particularly Rule 9 thereof as unconstitutional, ultra vires, null and void in far as it state that each panchayat union shall be a unit or the purpose of appointment of teachers and Headmasters and further, direct the respondents herein to follow the state-wide Seniority List maintained by the Teachers Recruitment Board for the purpose of promoting BT Assistants as Headmasters (Middle School); and
(ii) a writ of Declaration declaring that the Rule 7(a) Annex of Special Rules for Tamil Nadu Higher Secondary Educational Service, 1981, in so for prescribing qualification and experience for the persons of the category of 10 in class II of Tamil Nadu Educational Subordinate Service (Headmasters of High Schools) those who have got experience for a period less than ten years of service as Headmaster of High School and also prescribing qualification and experience for the category of 1 in Class II of Tamil Nadu Higher Secondary Educational Service (P.G. Assistants) who have been directly appointed as P.G. Assistant who do not possess experience for a period not less than 10 years as B.T. Assistant for the promotion to the post of Headmaster of Higher Secondary School, is inconsistent, discriminatory and illegal. For the Petitioner in both W.Ps.
: No appearance For the Respondents : Mr.P.Muthukumar State Government Pleader Assisted by Mr.K.Karthick Jeganath Government Advocate
ORDER
(Made by the Hon'ble Chief Justice) None appears for the petitioners.
2. Learned Government Pleader that submits the Rules assailed in the present writ petitions has been subsequently amended.
3. On 14.06.2023, when the matters were called out, none appeared for the petitioners. The matters were adjourned today.
4. Today also, none appears for the petitioners.
5. In the light of the above, the writ petitions stand dismissed. There will be no order as to costs. Consequently, M.P.Nos.1 and 2 of 2009 are also dismissed.
(S.V.G., CJ.) (P.D.A., J.) 21.06.2023 Index :
Yes/No :
Yes/No kpl
To
1. The Secretary Department of School Education Fort St. George, Chennai 600 009.
2. The Chairman Teachers Recruitment Board 4th Floor, EVK Sampath Maligai
3. The Director of Elementary Education
4. The District Elementary Educational Officer Salem, Salem District.
5. The Assistant Elementary Educational Officer Mecheri Salem District.
6. The Director of School Education College Road Chennai 600 006.
7. The Joint Director of School Education Higher Secondary College Road Chennai 600 006.
THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.
(kpl) 21.06.2023