Mrs.B.Kalaiselvi, v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.06.2018

CORAM

THE HON'BLE MR.JUSTICE SATRUGHANA PUJAHARI WRIT PETITION NOS.15378 AND 15379 OF 2018

1. B. Kalaiselvi

...Petitioner in W.P.No.15378 of 2018

2. S. Vennila

...Petitioner in W.P.No.15379 of 2018

Vs.

1. The State of Tamil Nadu rep. by its Secretary, School Education Department, Fort St. George, Chennai - 600 009.

2. The State of Tamil Nadu rep. by its Secretary, Social Welfare and Nutritious Meal Programme Department, Fort St. George, Chennai - 600 009.

3. The Director of School Education, College Road, Nungambakkam, Chennai - 600 006.

4. The Director of Social Welfare, Sidco Old Building Guindy, Chennai - 600 032.

5. The Director, Integrated Child Development Scheme, Pammal Nallathambi Street, Tharamani, Chennai - 600 113

...Respondents 1 to 5 in both W.Ps.

Common Prayer :

Writ Petitions filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus directing the respondents 1 and 2 to consider the petitioner's representation dated 22.05.2018 after taking into account of the recommendations of the third respondent dated 10.11.2017 and issue suitable orders to the Chairman, Tamil Nadu Teachers Recruitment Board to conduct the Special Examination for the appointment of Graduate Teachers in Government Schools and other Schools etc., in the State of Tamil Nadu.

Appearance of the counsel in both cases For Petitioners : Mr.P. Chandrasekaran For Respondents-1 & 3 : Mrs. P. Kavitha Government Advocate For Respondents-2,4 and 5: Mr. V. Kadhirvelu Special Government Pleader COMMON ORDER As the issue involved in both Writ Petitions is identical in nature, they are taken up together and disposed of by this common order.

2.

The prayer in both the Writ Petitions is for issuance of Writ in the nature of Mandamus directing the first and second respondents to consider and pass orders on the representation of the petitioners dated 22.05.2018, in the light of the recommendation of the third respondent, dated 10.11.2017, and to issue suitable orders to the Chairman, Tamil Nadu Teachers Recruitment Board to conduct the Special Examination for appointment of Graduate Teachers in Government and other Schools etc., in Tamil Nadu.

3.

At the outset, Mr.P.Chandrasekaran, the learned counsel appearing for the petitioners submits that, in respect of a similar issue, the petitioners, who were similarly situated with that of the petitioners herein approached this Court by way of filing W.P.Nos.14066 to 14080 of 2018, and those Writ Petitions were disposed of by this Court, vide order, dated 12.06.2018, and the operative portion of the said order is reproduced hereinbelow:- "7. After hearing the learned counsel appearing for the parties and going through the materials on record, especially considering the nature of the relief sought for by the petitioners, no useful purpose is going to be served by asking a counter affidavit/response from the respondents to the aforesaid writ petitions, inasmuch as, no prejudice is going to be caused to the respondents by giving the aforesaid relief as sought for by the petitioner without their response. Hence, considering the facts and submissions, this Court dispose of this writ petition with a direction to the 1st and 2nd

respondent to consider the representation dated 15.02.2018 of the petitioners if the same is pending and take an informed and considered decision in accordance with law on such representation within a period of four weeks from the date of receipt of copy of this order. However, it is made clear that this Court has not expressed any opinion on the merits of such representation. No costs. 4.

Therefore, the learned counsel prays that in view of the order passed by this Court in regard to an identical issue, similar order may be passed in the present Writ Petitions as well.

5. Mrs.P.Kavitha, the learned Government Advocate, who accepts notice on behalf of respondents 1 and 3 and Mr.V.Kadhirvelu, the learned Special Government Pleader, who accepts notice for the respondents 2, 4 and 5 have no objection in following the previous order, dated 12.06.2018, passed in W.P.Nos.14066 to 14080 of 2018.

6. Thus, in the light of the earlier order passed by this Court, vide its order, dated 12.06.2018 in W.P.Nos.14066 to 14080 of 2018, this Court is of the view that the present Writ Petitions can also be disposed of on the same lines. Accordingly, both the Writ Petitions stand disposed of, with a direction to the 1st and 2nd respondents to consider the representations of the petitioners dated 22.05.2018, if the same are pending and take an informed and considered decision in accordance with law on such representations within a period of four weeks from the date of receipt of copy of this order. However, it is made clear that this Court has not expressed any opinion on the merits of such representations. No costs. Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar To

1. The Secretary to Government, School Education Department, Fort St. George, Chennai - 600 009.

2. The Secretary to Government, Social Welfare and Nutritious Meal Programme Department, Fort St. George, Chennai - 600 009.

3. The Director of School Education, College Road, Nungambakkam, Chennai - 600 006.

4. The Director of Social Welfare, Sidco Old Building Guindy, Chennai - 600 032.

5. The Director, Integrated Child Development Scheme, Pammal Nallathambi Street, Tharamani, Chennai - 600 113.

+2cc to Mr.P. Chandrasekaran, Advocate sr.no.40551 Writ Petition Nos.15378 and 15379 of 2018 nr 07/08/2018