Madras High CourtWP/7765/2017dismissed as infructuous

R.Thanigaivelavan v. The Principal Secretary To

2017-08-09Honourable Mr Justice K. Ravichandrabaabu5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.08.2017

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU Writ Petition No.7765 of 2017 and WMP.No.8498 of 2017 1.

R.Thanigaivelavan 2.

C.Vignesh 3.

R.Raveendran 4.

S.Mathivanan 5.

M.Manivasagam 6.

V.Srinivasan 7.

S.Sellamuthu 8.

R.Dhanalakshmi 9.

P.Rajarajan ..Petitioners Vs.

1.The Principal Secretary to Government Higher Education Department Secretariat, Chennai-600 009.

2.The Principal Secretary to Government School Education Department Secretariat, Chennai-600 009.

3.The Chairman Teachers' Recruitment Board EVK Sampath Maaligai College Road, Chennai-600 006.

4.The Chairman Tamil Nadu Public Services Commission Frazer Bridge Road, Chennai-600 003.

5.The Chairperson National Council for Teacher Education Hans Bhawan, Wing II 1, Bahadur Shah Zafar Marg, New Delhi - 110 002.

.. Respondents Prayer :

Writ petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, directing the third respondent to make necessary alterations, additions and necessary changes in the OMR application form to enable the

petitioners for appearing in the Teachers Eligibility Test and further direct the first and second respondents to alter the Rules, Regulations to enable the petitioners to be appointed as Teachers after qualifying the Teachers Eligibility Test. For Petitioners : Mr.P.Kannan Kumar For Respondents : Mr.A.Kumar Special Government Pleader, for R1 to R3 Mr.M.T.Arunan, standing counsel, for R3 R4 - No appearance

O R D E R

The prayer sought for in this writ petition is as follows: to direct the third respondent to make necessary alterations, additions and necessary changes in the OMR application form to enable the petitioners for appearing in the Teachers Eligibility Test and further direct the first and second respondents to alter the Rules and Regulations to enable the petitioners to be appointed as Teachers after qualifying the Teachers Eligibility Test.

2. Heard the learned counsel appearing for the petitioners, learned Special Government Pleader appearing for the respondents 1 to 3 and the learned standing counsel appearing for the third respondent.

3. All these petitioners are graduate in Engineering course. They wanted to study B.Ed., after such graduation. When the OMR application form did not contain necessary column indicating such eligibility of the candidates who passed the Engineering course, to apply for B.Ed., the petitioners approached this Court and filed the present writ petition with the relief stated supra.

4. Today, when the matter is taken up for further hearing, the learned counsel appearing for the petitioner submitted that during the pendency of the writ petition, all these petitioners were admitted to the B.Ed., course and they also appeared in the Teachers Eligibility Test. He further submitted except the first petitioner, other petitioners failed in the said test. He further pointed out that even though the first petitioner passed the said test and called for certificate verification, he is not

permitted to take part in the counselling by stating the very same reason.

5. Considering the fact that the present writ petition is filed by these petitioners only seeking for a mandamus enabling to appear for the Teachers Eligibility Test and considering the fact that these petitioners were permitted to appear for the Teachers Eligibility Test during the pendency of the writ petition, I do not think anything survives in this writ petition to be adjudicated upon further. However, if the first petitioner is aggrieved by any other subsequent action of the respondent, it is for him to challenge the same, by way of separate writ petition. Granting such liberty, this writ petition is dismissed as infructuous. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar mk To 1.The Principal Secretary to Government Higher Education Department Secretariat, Chennai-600 009.

2.The Principal Secretary to Government School Education Department Secretariat, Chennai-600 009.

3.The Chairman Teachers' Recruitment Board EVK Sampath Maaligai College Road, Chennai-600 006.

4.The Chairman Tamil Nadu Public Services Commission Frazer Bridge Road, Chennai-600 003.

5.The Chairperson National Council for Teacher Education Hans Bhawan, Wing II 1, Bahadur Shah Zafar Marg, New Delhi - 110 002.

+1cc to M/s.M.T.Arunan, Advocate, S.R.No.57200/17 +1cc to M/s.P.Kannan Kumar,Advocate, S.R.No.57609/17 +1cc to M/s.U.Venkatesan,Advocate, S.R.No.57582/17 W.P. No.7765 of 2017 AR(CS IV) CU(10/08/2017)