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Madras High CourtWP/30314/2023dismissed

K.Jayabal v. The State Of Tamil Nadu

2023-10-19Honourable Mr Justice M.S. Ramesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.10.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH 1.K. Jayabal 2.K. Selvi 3.S. Sathyamoorthy 4.J. Rajamanickam 5.P. Nithya 6.R. Vasuki 7.M. Thangam 8.S. Kavitha 9.A. Nallasivam 10.S. Abinaya 11.E. Arun 12.S. Saravanan 13.K. Ramya 14.M. Suganya 15.C. Kanmani ... Petitioners Vs.

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

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

3.The Director of Elementary Education, DPI Campus, College Road, Chennai - 600 006.

4.The Chairman, Teacher Recruitment Board, Puratchi Thalaivar Dr.M.G.R. Centenary Building, 3rd & 4th Floors, DPI Campus, College Road, Chennai - 600 006.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to consider the representation submitted by the petitioners for conducting selection to the post of Secondary Grade Teacher and B.T. Assistant as notified in Annual Recruitment Planner-2023 published by TRB through competitive examination in accordance with G.O.Ms.No.149 School Education Department dated 20.07.2018.

For Petitioners : Mr.G.R. Ramesh Prabbhu For Respondents : Mr.V. Manoharan, Additional Government Pleader

ORDER

With the consent of both the parties, this Writ Petition is taken up for final disposal at the stage of admission itself. 2/4

2. Since the decision to conduct the selection process for filling up the posts of Secondary Grade Teacher and B.T. Assistant is a policy decision to be taken by the Government, this Court, exercising its powers under Article 226 of the Constitution of India, will not venture to direct the Government to conduct the selection process. Furthermore, the apprehension of the petitioners seems to be that the Government may in the future recruitment process, will not adhere to the orders in G.O.Ms.No.149, School Education Department dated 20.07.2018. Such apprehension based on surmises, cannot be sustained.

3. The cause of action for filing a Writ Petition would arise only when it is substantiated that the selection process would only be in accordance with G.O.Ms.No.149 dated 20.07.2018 and after notification is issued for filling up the post of Secondary Grade Teacher through which the order in G.O.Ms.No.149 dated 20.07.2018, is not complied with. Thus, the present Writ Petition is premature and hence, the same stands dismissed. No costs.

19.10.2023 Index:Yes/No Speaking order/Non-speaking order Sni 3/4

M.S.RAMESH,J.

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

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

3.The Director of Elementary Education, DPI Campus, College Road, Chennai - 600 006.

4.The Chairman, Teacher Recruitment Board, Puratchi Thalaivar Dr.M.G.R. Centenary Building, 3rd & 4th Floors, DPI Campus, College Road, Chennai - 600 006.

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