S.Selvamani v. The Government Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.09.2023

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.33033 of 2012 and MP.No.1 of 2012 S.Selvamani ... Petitioner Vs.

1.The Government of Tamilnadu, Rep. By its Secretary to Education, Fort St.George, Chennai-9 2.The Chairman, Teacher Recruitment Board, 4th Floor, EVK Sampath Salai, DPI Compound, College Road, Chennai 600 006 3.The Ministry of Human Resource and Development, Room No.302C, Shastri Bhavan, Dr.Rajendra Prasad Road, Connaught Place, New Delhi 110 001 4.National Counsel for Teacher Education, Hans Bhawan, Wing II, Bahadur Shah Zafar Marg, New Delhi 110 002 ... Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India praying to issue a Writ of Mandamus forbearing the first and second respondents from making an appointment of secondary Grade 1/4

Teachers in violation of interim direction issued by the Hon'ble Apex Court in SLP.No.18227-18228/2008 and clause 7(1) in GO.Ms.No.181 School Education (C2) Department dated 15.11.2011 and para-8 in GO.Ms.No.252 School Education (C2) Department dated 05.10.2012, consequently direct the first and the second respondents to consider the petitioner for appointment of Secondary Grade Teacher based on the GO.Ms.No.153 School Education Department dated 03.06.2010 and the advertisement as No.2/2011 on 09.11.2011 followed by the certificate verification conducted on 03.12.2011.

For Petitioner : Mr.D.Muthukumar For Respondents For R1 : Mr.L.S.M.Hasan Fizal, Additional Government Pleader For R2 : Mr.R.Siddarth, Government Advocate For R3 & 4 : Mr.P.R.Gopinathan

O R D E R

This writ petition has been filed for direction forbearing the first and second respondents from making an appointment of secondary Grade Teachers in violation of interim direction issued by the Hon'ble Apex Court in SLP.No.18227-18228/2008 and clause 7(1) in GO.Ms.No.181 School Education (C2) Department dated 15.11.2011 and para-8 in GO.Ms.No.252 School Education (C2) Department dated 2/4

05.10.2012 and to consequently direct the first and the second respondents to consider the petitioner for appointment of Secondary Grade Teacher based on the GO.Ms.No.153 School Education Department dated 03.06.2010 and the advertisement as No.2/2011 on 09.11.2011 followed by the certificate verification conducted on 03.12.2011.

2.

However, now the entire recruitment process has been amended and accordingly, the petitioner ought to have passed the Teacher Eligibility Test. Therefore, the prayer sought for in this petition cannot be granted.

3.

Accordingly, this writ petition is dismissed. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs.

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G.K.ILANTHIRAIYAN, J.

lok To 1.Secretary to Education, The Government of Tamilnadu, Fort St.George, Chennai-9 2.The Chairman, Teacher Recruitment Board, 4th Floor, EVK Sampath Salai, DPI Compound, College Road, Chennai 600 006 3.The Ministry of Human Resource and Development, Room No.302C, Shastri Bhavan, Dr.Rajendra Prasad Road, Connaught Place, New Delhi 110 001 4.National Counsel for Teacher Education, Hans Bhawan, Wing II, Bahadur Shah Zafar Marg, New Delhi 110 002

5. The Government Advocate, High Court, Madras.

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