Mrs.M.Sathya v. The State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.08.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.No.24880 of 2024 M.Sathya .. Petitioner Vs.

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

2.The Commissioner of School Education, 3.The Director of School Education, 4.The Joint Director of School Education (Personnel), 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 praying to issue a Writ of Declaration to declare that the petitioner is entitled to be appointed as Teacher (Secondary Grade / B.T. Assistants as the case may be) based on TET and TET passed year seniority, having completed certificate verification before 20.07.2018, ie., the date of passing of G.O.Ms.No.149, School Education (TRB) Department dated 20.07.2018, without resorting to any competitive examination as stated in G.O.Ms.No.149, School Education (TRB) Department dated 20.07.2018, as a measure of equity and fairness, as well as the foundation of Doctrine of promissory estoppel and legitimate expectation and consequently to extend the relief as per the order in WP. No. 26084 of 2023 and batch dated 10.07.2024.

For Petitioner :

Mr.R.Balaguruswamy For RR 1 to 4 :

Mrs.S.Mythreye Chandru Special Government Pleader For R5 :

Mr.C.Kathiravan Standing Counsel

O R D E R

The issue that is involved in the present writ petition is squarely covered by the earlier order passed by this Court in W.P.Nos.5137 and 32446 of 2023 dated 12.08.2024. Those writ petitions were also dismissed based on the earlier order passed in W.P.No.161 of 2024 dated 08.01.2024. The Hon'ble Division Bench had made it clear that the relief 2/4

that was granted will confine itself only to the petitioners who were before the Court. Therefore, if according to the petitioner she is also placed similarly, she should get a clarification from the Hon'ble Division Bench with respect to such an observation that was made by the Hon'ble Division Bench. In the absence of the same, a single Judge cannot keep on entertaining writ petitions in the light of such observation made by the Hon'ble Division Bench.

2.Except giving this clarity, no further order can be passed in this writ petition. Accordingly, this Writ Petition stand dismissed. No costs. 30.08.2024 ssr Index : Yes / No Internet : Yes / No : Yes / No To 1.The Principal Secretary to Government, School Education Department, Fort St. George, Chennai - 600 009.

2.The Commissioner of School Education, 3/4

N.ANAND VENKATESH, J.

ssr 3.The Director of School Education, 4.The Joint Director of School Education (Personnel), DPI Campus, College Road, Chennai - 600 006.

5.The Member Secretary, Teachers Recruitment Board (TRB), 4th Floor, DPI Campus, College Road, Chennai - 600 006.

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