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Madras High CourtWP/32968/2025disposed of

J.Ramesh v. The Principal Secretary

2025-09-01Honourable Mr Justice A.D.Jagadish Chandira7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01-09-2025

CORAM

THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA and WMP.No.36974 of 2025 J.Ramesh Petitioner(s) Vs

1. The Principal Secretary to Government, Department Of School Education, Fort St George, Chennai 600 009.

2.The Principal Secretary To Government Department Of Differently Abled Persons, Fort St George, Chennai 600 009.

3.The Commissioner State Commissionerate for Welfare of the Differently Abled, No. 5 Kamarajar Salai, Lady Wellington College Campus, Chennai 600 005.

4.The Director School Education, DPI Campus, Chennai 600 009.

5.Teachers Recruit Board Represented By Secretary 3rd and 4th Floor, Puratchi Thalaivar Dr.M.G.R.

Centenary Building, Perasiriyar Anbazhagan Kalvi Valagam, College Road, Nungambakkam Chennai 600 006.

Respondent(s) PRAYER Directing the respondents 3 to 5 herein to consider the candidate of the petitioner who belongs to general turn loco motor disability category in the vacancy of general turn visually impaired category by relaxing the rule which provides for carrying forward of the vacancy if necessary and accordingly direct the respondents to appoint the petitioner to the post of secondary grade teacher with all service and monetary benefits from the dates when the other candidates who are selected under the notification no.1/2024 dated 09.02.2024 of the teachers recruitment board are appointed. For Petitioner(s):

Ms.S.Suneetha For Respondents:

Mr.S.Prabhakaran, G.A., for RR1 & 4 Mrs.S.Mythreye Chandru, SPG, for RR2 & 3 Mr.C.Kathiravan, for R5

ORDER

By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

2. This petition has been filed seeking direction to the respondents to appoint the petitioner to the post of secondary grade teacher with all service and monetary benefits by relaxing the rule.

3. It is the case of the petitioner that the respondent Board issued Notification No.1 of 2024, dated 09.0.2024 calling for applications to fill up the post of Secondary Grade Teacher. In the said Notification, the respondent Board called for 75 posts under current vacancies for Telugu Minority language and 2 posts as backlog vacancies. The petitioner is fully qualified to apply under the said notification and he comes under the person with Loco Motor Disability category. Amongst the 75 vacancies one vacancy was notified in the general turn under the PWD category only for the visually impaired. The only post which is notified under the PWD category for the general turn is unfilled on the

ground of "candidate not available". It is submitted that as per the Tamil Nadu Government Servant Conditions of Service Act, 2016, Section 58 provides for relaxation to any rule if the implementation of the Rule causes hardship to the candidate. Hence, the petitioner made a representation dated 11.07.2025 to the respondents to consider his candidature, who belongs to general turn loco motor disability category in the vacancy of general turn visually impaired category by relaxing the rule, which provides for carrying of the vacancy if necessary. The said representation has not been considered and hence, the present Writ Petition has been filed.

4. The learned Special Government Pleader appearing for the respondents 2 and 3 submitted that the respondents will consider the representation of the petitioner in accordance with law.

5. Considering the above submissions, this Court, without expressing any opinion on the merits of the matter, directs the respondents to consider the representation of the petitioner dated 11.07.2025 and pass appropriate orders on

merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.

6. With the above directions, the Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 01-09-2025 pvs Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The Principal Secretary to Government Department Of School Education, Fort St. George, Chennai 600 009.

2.Principal Secretary To Government Department Of Differently Abled Person, Fort St George, Chennai 600 009.

3.The Commissioner State Commissinerate For Welfare, Of The Differently Abled No. 5 Kamarajar Salai Lady Wellington College Campus, Chennai 600 005.

4.DIRECTOR School Education, Dpi Campus, Chennai 600 009.

5.The Secretary Teachers Recruit Board 3rd And 4th Floor, Puratchi Talaivar Dr. MGR Centenary Building, Perasiriyiar Anbalagankalvi Valagam, College Road, Nungambakkam, Chennai 600 006.

A.D.JAGADISH CHANDIRA, J.

pvs 01-09-2025