R.Elumalai v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.03.2024
CORAM
THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P.Nos.20096 & 20099 of 2021 and W.M.P.Nos.21367, 21368, 21373 & 21374 of 2021 1.R.Elumalai 2.E.Babu 3.V.Arulselvi 4.U.Lingaraju ... Petitioners in W.P.No.20096 of 2021 1.V.Santhi 2.S.Savuri 3.S.Arivazhagan 4.M.Kasirajan ... Petitioners in W.P.No.20099 of 2021 Vs.
1.The State of Tamil Nadu, Rep by its Principal Secretary to Government, Higher Education Department, Fort St.George, Chennai 600 009.
2.Teachers Recruitment Board, Rep by its Chairman, 4th Floor, EVK Sampath Maaligai, College Road, Chennai 600 006.
... Respondents in both W.Ps Prayer in W.P.No.20096 of 2021 : Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct Page No.1 of 6
the second respondent to comply with the order dated 25.02.2020 in WP.No.4710 of 2020 read with the order of the Hon'ble Supreme Court in C.A.Nos.3745-3754 of 2020 dated 05.03.2021 by redrawing the provisional selection list dated 02.01.2020 for the subject History issued pursuant to Notification No.10/2019 dated 12.06.2019 in accordance with law and include the names of the petitioners belonging to MBC, BC and SC categories in the selection list for the subject History pursuant to Notification No.10/2019, dated 12.06.2019 and consequently, forbear the 2nd respondent from proceeding with the notification No.01/2021, dated 09.09.2021 until compliance with the directions contained in the order of the Hon'ble Supreme Court in C.A.Nos.3745-3754 of 2020 dated 05.03.2021 in so far as the subject History is concerned. Prayer in W.P.No.
20099 of 2021 : Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the second respondent to comply with the order dated 13.02.2020 in WP.No.1278 of 2020 read with the order of the Hon'ble Supreme Court in C.A.Nos.3745-3754 of 2020 dated 05.03.2021 by redrawing the provisional selection list dated 02.01.2020 for the subject Tamil issued pursuant to Notification No.10/2019 dated 12.06.2019 in accordance with law and include the names of the petitioners belonging to MBC category in the selection list for the subject Tamil pursuant to Notification No.10/2019, dated 12.06.2019 and consequently, forbear the 2nd respondent from proceeding with the notification No.01/2021, dated 09.09.2021 until compliance with the directions contained in the order of Page No.
the Hon'ble Supreme Court in C.A.Nos.3745-3754 of 2020 dated 05.03.2021 in so far as the subject Tamil is concerned. In both W.Ps.
For Petitioners : Ms.C.Uma For Respondents : Mr.K.Surendran, AGP for R1 Mr.C.Kathiravan, Standing Counsel for R2 COMMON ORDER These Writ Petitions have been filed seeking issuance of a Writ of Mandamus, to direct the second respondent to comply with the orders of this Court read with the order of the Hon'ble Supreme Court in C.A.Nos.3745-3754 of 2020 dated 05.03.2021 by redrawing the provisional selection list dated 02.01.2020 for the subjects History and Tamil issued pursuant to Notification No.10/2019 dated 12.06.2019 in accordance with law and include the names of the petitioners belonging to BC, MBC & SC categories in the selection list for the subjects History and Tamil pursuant to Notification No.10/2019, dated 12.06.2019 and consequently, forbear the 2nd respondent from proceeding with the notification No.01/2021, dated 09.09.2021 until compliance with the Page No.3 of 6
directions contained in the order of the Hon'ble Supreme Court in C.A.Nos.3745-3754 of 2020 dated 05.03.2021 in so far as the subjects History and Tamil are concerned.
2. Heard Ms.C.Uma, learned counsel for the petitioners, Mr.K.Surendran, learned Additional Government Pleader for R1 and Mr.C.Kathiravan, learned Standing Counsel for R2.
3. So far as W.P.No.20099 of 2021 is concerned, the first petitioner is given with appointment order and for the petitioners 2 to 4, no appointment order has been passed. In W.P.No.20096 of 2021, except the second petitioner, all other petitioners have been given with appointment order.
4. According to the learned counsel for the petitioners, the other petitioners who did not receive appointment orders also will fall within the zone of consideration.
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5. In such circumstances, the respondents are directed to consider the representations of those petitioners and pass appropriate orders as to the entitlement of their appointment, if they are entitled.
6. With the above observations, these Writ Petitions are disposed. No costs. Consequently, connected miscellaneous petitions are closed. 25.03.2024 Index : Yes /No Internet : Yes/No Speaking / Non-speaking gsk Page No.5 of 6
R.N.MANJULA , J.
gsk To 1.The Principal Secretary to Government, Higher Education Department, Fort St.George, Chennai 600 009.
2.The Chairman, Teachers Recruitment Board, 4th Floor, EVK Sampath Maaligai, College Road, Chennai 600 006.
W.P.Nos.20096 & 20099 of 2021 and W.M.P.Nos.21367, 21368, 21373 & 21374 of 2021 25.03.2024 Page No.6 of 6