M.Chidambaram, v. The Principal Secretary To

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.02.2025 CORAM :

THE HONOURABLE MR.JUSTICE C.SARAVANAN M.Chidambaram ... Petitioner Vs.

1.The Principal Secretary to Government, School Education Department, St.George Fort, Chennai.

2.The Chairman, Teachers Recruitment Board, Chennai - 600 006.

3.The Director of School Education, Chennai.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus, to call for the records from the first respondent thereby quash the Government Order (Ms) No.71 dated 30.05.2014 of School Education (TRB) Department and consequently direct the 2nd respondent to consider the candidature of the petitioner as eligible for appointment as Graduate Assistant. 1/5

For Petitioner : No Appearance For Respondents : Mr.S.Prabhakaran Government Advocate for R1 and R3 Mr.R.Siddharth Senior Counsel for R2

ORDER

There is no representation on behalf of the petitioner.

2. The petitioner has challenged the G.O.Ms.No.71 School Education (TRB) Department dated 30.05.2014. The challenge to the vires of the above Government Order were rejected by this Court which has been observed by the Hon'ble Supreme Court in V.Lavanya & Ors Vs. The State of Tamil Nadu & Ors reported in 2017 (1) SCC 322. Para 43 of the said decision reads as under:- "43.The Madras High Court rightly rejected the challenge to G.O.(Ms).No.25 dated 06.02.2014 and G.O.(Ms).No.71 dated 30.05.2014, holding that as per the NCTE Guidelines, the State Government has the power to grant relaxation on the marks obtained in the TET for the candidates belonging to reserved category and the same is affirmed. The Madurai Bench did not keep in view the NCTE Guidelines and 2/5

the power of the State Government to grant relaxation in terms of their extant reservation policy and erred in quashing G.O.(Ms).No.25 dated 06.02.2014 and hence the same is liable to be set aside."

3. This view was also taken note by the Writ Court in W.P.(MD).No.16923 of 2014 in its order dated 27.08.2019 in the case of T.Marimuthu Vs. The Principal Secretary to Government, School Education Department, St.George Fort, Chennai and others.

4. In view of the above, the present writ petition is liable to be dismissed and it is accordingly dismissed. No costs. 04.02.2025 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order jas 3/5

To:

1.The Principal Secretary to Government, School Education Department, St.George Fort, Chennai.

2.The Chairman, Teachers Recruitment Board, Chennai - 600 006.

3.The Director of School Education, Chennai.

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C.SARAVANAN, J.

jas 04.02.2025 5/5