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Madras High CourtWP/27168/2024disposed of

Shobana v. The State Of Tamilnadu

2024-09-23Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.09.2024

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P.No.27168 of 2024 Shobana ... Petitioner Vs.

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

2.The Commissioner of School Education, Directorate of School Education, DPI Campus, College Road, Chennai - 600 006.

3.The Joint Director of School Education (Personnel), DPI Campus, College Road, Chennai - 600 006.

4.The Director of School Education, Directorate of School Education, DPI Campus, College Road, Chennai - 600 006.

5.The Teachers Recruitment Board (TRB), Rep. by its Member Secretary, 4th Floor, DPI Campus, College Road, Chennai - 600 006 ... Respondents 1/4

Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Declaration, to declare that the petitioner herein are entitled to be appointed as teachers (Secondary Grade/B.T. Assistants as the case may be) on the basis of TET marks and TET-passed year seniority, having completed certificate verification before 20.07.2018 i.e the date of passing of GO Ms.No.149 school Education (TRB) Department dated 20.7.2018, without resorting to any competitive examination as stated in G.O.Ms.No.149 dated 20.7.2018, as a measure of equity and fairness, as well as on the foundation of the doctrine of promissory estoppel and legitimate expectation. For Petitioner : Ms.M.Preetha for Mr.CH.Mohith Sai For Respondents : Mrs.S.Mythreye Chandru Special Government Pleader for R1 to R4 Mr.R.Siddharth Standing Counsel for R5

O R D E R

This writ petition has been filed directing the Respondents to declare that the petitioner herein are entitled to be appointed as teachers (Secondary Grade/B.T. Assistants as the case may be) on the basis of TET marks and TET-passed year seniority, having completed certificate verification before 20.07.2018 i.e the date of passing of GO Ms.No.149 school Education (TRB) Department dated 20.7.2018, without resorting to any competitive examination as stated in G.O.Ms.No.149 dated 20.7.2018, as a measure 2/4

of equity and fairness, as well as on the foundation of the doctrine of promissory estoppel and legitimate expectation.

2.The issue that is involved in this writ petition was already considered by the learned Single Judge of this Court in W.P.No.161 of 2024. By order dated 08.01.2024, the writ petition was dismissed. Following this order, yet another order was passed by this Court in W.P.No.6245 of 2024, dated 11.03.2024. 3.In the light of the above development, there is nothing to be considered in this writ petition and this writ petition must also fail in the light of the order passed in W.P.No.161 of 2024, dated 08.01.2024 and accordingly, this writ petition stand dismissed. No costs.

23.09.2024 Internet : Yes Index : Yes Speaking Order / Non Speaking Order ssr 3/4

N. ANAND VENKATESH, J.

ssr To 1.The Principal Secretary to Government, State of Tamil Nadu School Education Department, Fort St. George, Chennai - 600 009.

2.The Commissioner of School Education, Directorate of School Education, DPI Campus, College Road, Chennai - 600 006.

3.The Joint Director of School Education (Personnel), DPI Campus, College Road, Chennai - 600 006.

4.The Director of School Education, Directorate of School Education, DPI Campus, College Road, Chennai - 600 006.

5.The Teachers Recruitment Board (TRB), Rep. by its Member Secretary, 4th Floor, DPI Campus, College Road, Chennai - 600 006 W.P.No.27168 of 2024 23.09.2024 4/4