I.Manikandan v. . The Government Of Puducherry
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01-06-2026
CORAM
THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE N.SENTHILKUMAR
1. I.Manikandan
2. I.Amardheen
3. S.Selvamani
4. A.Udhayaprakash
5. S.Sathishkumar
6. N.Tamilarasan
7. R.Iyyappan
8. S.Anbarasi
9. G.Manibharathi
10. A.Uthayakumar
11. K.Rameshkumar 12.K.Muthu Malar 13.B.Muthazhagan
14. J.Parthasarathi 15.P.Prakash 16.N. Ramanjaneyulu
17. K.Surendiran
18.K.Udhayachandran 19.V.Bharathi 20.C.Sabarinathan
21. L.S. Leelavati 22.P.Rajeswari 23.N.Jayavel 24.. S.Agila 25.V. Subash 26.N.Vimal 27.D.Tamilselvan 28.R.Premkumar 29.S.Boranit 30.. S.Karl Marx 31.S.Muthulakshmi 32.R.Karthik 33.B.Prakash
34. K.Karthikeyan 35.M.Nithiyanandhan 36.D. Kalpana 37.N.Sivamani 38.N.Sathiyabama
39.K.Kathavarayan 40.M.Mangalasundari 41.K.Manimaran 42.J.Vimala 43.K.Thirukumaran 44.M.Ilango
45. A.Artchana
46. D.Edmond Doure
47. T.Ananthan
48. R.Thivya
49. R.Nasreth Philip
50. K.Jayakumar
51. K.Kanniaraman
52. N.Anandavelu 53.R.Rathish 54.K.Ramesh 55.V.Jankakiraman 56.R.Visvanathan
57. K.Murugan 58.T.Indumathi
59. C.Prabu ..Petitioner(s)
Vs
1. . The Government of Puducherry Represented by the Under Secretary (Education) Chief Secretariat Building on Beach Road, White Town, Puducherry-605 001.
2. The Government of Puducherry Represented by the Secretary to Government, Department of School Education, Chief Secretariat Building on Beach Road, White Town, Puducherry-605 001.
3. The Director of School Education, Directorate of School Education Government of Puducherry, Perunthalaivar Kamarajar Centenary Educational Complex, 100 Feet Road, Anna Nagar, Puducherry 605 005.
..Respondent(s) Writ Petition filed under Article 226 of the Constitution of India issuing writ of declaration for declaring G.O.Ms.No.28, Directorate of School Education (Secretariat Wing), dated 28.08.2023 issued by the 1st Respondent as arbitrary and violative article 14 and 16 of the Constitution of India in so far as Clause II B (ii) of the said GO stipulates that the method drawal of merit list for the post of Physical Education Teacher is 90 percent weightage for the essential qualification in the respective discipline and 10 percent weightage for employment seniority without drawing the merit list for the post of Physical Education Teacher based on Open Competitive written examination. For Petitioner(s):
Ms.Nalani Chidambaram, Senior Counsel for Ms.C.Uma For Respondent(s):
Mr.R.Syed Mustafa, Special Government Pleader (Pondy)
ORDER
(Order of the Court was made by S.M.Subramaniam J.) The present writ petition has been instituted to declare G.O.Ms.No.28, Directorate of School Education (Secretariat Wing), dated 28.08.2023 issued by the 1st Respondent as null and void.
2. Learned Special Government Pleader (Pondicherry) would raise a preliminary objection regarding maintainability of the writ petition on the ground that Education Department of Pondicherry has already been notified under the Administrative Tribunals Act, 1985. Therefore, an aggrieved person has to prefer an original application before the Central Administrative Tribunal. In respect of the similar prayer, batch of petitioners have filed writ petition in W.P.No.5888 of 2026, and the learned Single Judge dismissed the writ petition granting liberty to the petitioners to approach the Central Administrative Tribunal.
3. Pertinently, issues regarding maintainability of such writ petitions before the High Court has been decided by the Hon'ble Supreme Court of India in the case of Rajeev Kumar and Another Vs. Hemraj Singh Chauhan and Others1 "11. On a proper reading of the abovequoted two sentences, it is clear:
1 2010 4 SCC 554
(a) The tribunals will function as the only court of first instance in respect of the areas of law for which they have been constituted.
(b) Even where any challenge is made to the vires of legislation, excepting the legislation under which tribunal has been set up, in such cases also, litigants will not be able to directly approach the High Court "overlooking the jurisdiction of the tribunal"."
4. In the present case, Education department since notified, the petitioner has to file an original application before the Central Administrative Tribunal.
5. By granting liberty to the petitioner to approach the Central Administrative Tribunal, the present writ petition is dismissed. No costs. Consequently, the connected miscellaneous petitions, if any, are closed. (S.M.S.,J.) (N.S.,J.) 01-06-2026 Index: Yes/No Speaking/Non-speaking order GD
To
1. . The Government of Puducherry Represented by the Under Secretary (Education) Chief Secretariat Building on Beach Road, White Town, Puducherry-605 001.
2. The Government of Puducherry Represented by the Secretary to Government, Department of School Education, Chief Secretariat Building on Beach Road, White Town, Puducherry-605 001.
3. The Director of School Education, Directorate of School Education Government of Puducherry, Perunthalaivar Kamarajar Centenary Educational Complex, 100 Feet Road, Anna Nagar, Puducherry 605 005.
S.M.SUBRAMANIAM, J.
AND N.SENTHILKUMAR, J.
GD 01-06-2026 1/2