C.Gugan v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.06.2019
CORAM
THE HON'BLE DR.JUSTICE VINEET KOTHARI AND THE HON'BLE MR.JUSTICE C.V.KARTHIKEYAN Writ Appeal No.115 of 2014 and M.P.Nos.1 and 2 of 2014 1.C.Gugan 2.J.John Baskar 3.S.Arul 4.R.Anandhi 5.M.Latha 6.M.Suganthi 7.M.Nalini 8.P.Thilagavathi 9.P.Sumathi 10.R.Jayachitra Bavai 11.V.Shanmugam 12.K.Nazrin Banu ...
Appellants -Vs1.The State of Tamil Nadu rep.by its Secretary to Government School Education Department Fort St.Geoge, Chennai - 600 009.
2.The Director, School Education, 4th Floor EVK Sampath Maaligai, DPI Campus College Road, Chennai - 600 006.
3.The Director, Teachers Recruitment Board 4th Floor, EVK Sampath Maaligai, DPI Compound, College Road, Chennai - 600 006.
... Respondents For Appellant s : Ms.C.Uma For Respondents : Mr.C.Munusamy, SpecialGovernment Pleader Prayer : Writ Appeal under Clause 15 of the Letters Patent against the order passed in W.P.No.28151 of 2013 dated 10.10.2013.
WP.NO.28151/2013:
Writ of mandamus for bearing the 3rd respondent from applying G.O.Ms.No.181 School Education (C2) Department dated 15.11.2011 to the petitioners and insisting on Teacher Eligibility Test as a minimum qualification for appointment to the posts of Graduate Assistants in classes VI to X in the schools coming under the Directorate of School Education and Elementary Education and consequently direct the respondents to appoint the petitioners who have completed certificate verification between 12.05.2010 to 15.05.2010 to the post of graduate Assistants in classes VI to X in the schools coming under the Directorate of School Education and Elementary Education in the future vacancies without insisting on Teachers Eligibility Test qualification in view of clause 5 of the National Council for Teacher Education (NCTE) dated 23.08.2010
J U D G M E N T
(Judgment of the Court was delivered by DR.VINEET KOTHARI, J.) Learned Special Government Pleader appearing for the respondents submit that, the writ appeal has become infructuous since in the present case, the Teachers Eligibility Test for the year 2010 was under challenge, and therefter several such tests have been conducted by the State Government. He submits that the present writ appeal may be dismissed, as it has become infructuous, however liberty could be given to the appellants / to undertake such TET test, if the same is not cleared by them.
2. Learned counsel for the appellants does not dispute this position. In view of the same, the writ appeal is dismissed as infructuous, with the aforesaid liberty to the appellants. No costs. Consequently, connected miscellaneous petitions are also dismissed.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar
To 1.The Secretary to Government School Education Department Fort St.Geoge, Chennai - 600 009.
2.The Director, School Education, 4th Floor EVK Sampath Maaligai, DPI Campus College Road, Chennai - 600 006.
3.The Director, Teachers Recruitment Board 4th Floor, EVK Sampath Maaligai, DPI Compound, College Road, Chennai - 600 006.
+1cc to Government Pleader sr.51208 +1cc to M/s.C.Uma, Advocate sr.51244 W.A.No.115 of 2014 rv(co) nr 18/07/2019