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Madras High CourtWP/43594/2025dismissed

Rajkumar v. The Member Secretary

2025-11-19Honourable Mr Justice G.K. Ilanthiraiyan7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.11.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.4 of 2025 and WMP.No.48706 of 2025 Rajkumar ... Petitioner Vs.

1.THE MEMBER SECRETARY, TEACHERS RECRUITMENT BOARD, 3RD AND 4TH FLOORS, DR.M.G.R. CENTURY BUILDINGS, ANNA ARIVALAYAM, COLLEGE ROAD, CHENNAI-600 006.

2.DIRECTOR OF LEGAL STUDIES, DIRECTORATE OF LEGAL STUDIES, PURASAWALKAM HIGH ROAD, KILPAUK, CHENNAI-600 010.

3.THE SECRETARY, LAW DEPARTMENT, SECRETARIAT, CHENNAI, TAMIL NADU-600 009.

... Respondents PRAYER:

Writ Petition is filed under Article 226 of Constitution of India praying to issue a Writ of Certiorarified Mandamus Calling for the records of the first respondent relating to impugned notification No.01/2025 dated 24.01.2025 and quash the same as it is unlawfully excluding backlog vacancies for the Backward Classes, contrary to a binding Government Order, and consequently to direct the respondents to forthwith forbear from giving effect to the impugned notification and to 1/7

issue a fresh notification for direct recruitment to the posts of Assistant Professor and Associate Professor in Government Law Colleges, after including all backlog vacancies for the Backward Classes (BC and BCM) as duly represented by the petitioner on 30.01.2025 For Petitioner : Mr.Karthik Eswaran J For Respondents For R1 : Mr.C.Kathiravan, Standing Counsel For R2 & 3 : Mr.R.U.Dinesh Rajkumar, Additional Government Pleader

O R D E R

This writ petition has been filed challenging the notification dated 24.01.2025 on the ground that the backlog vacancies for the Backward Classes were not included in the vacancies. 2.

The petitioner has stated in the affidavit that the petitioner is qualified with Master Degree in Taxation Law and National Eligibility Test for Assistant Professor. While being so, the respondents issued notification dated 24.01.2025 for direct recruitment to the post of Assistant Professor and Associate Professor in Government Law Colleges 2/7

in Tamilnadu. In the said notification, according to the petitioner, the backlog vacancies for the Backward Classes(other than Muslims) and Backward Class(Muslim) categories from the previous recruitment were not included because they were declared lapsed. Therefore, the petitioner submitted representation to include the backlog vacancies under the category of Backward Class (other than Muslims) and Backward Class (Muslim). On receipt of the said representation, the petitioner was answered by order dated 24.02.2025.

3.

However, on perusal of the communication dated 24.02.2025, it is revealed that once the vacancies under the categories of Backward Class (other than Muslims) and Backward Class (Muslim) were not filled up for the reason "no suitable candidates are available", those vacancies shall be lapsed by rotation. By rotation, those vacancies can be filled up by other candidates. Further, the backlog vacancies under the categories of Backward Class (other than Muslims) and Backward Class (Muslim) in the year 2018 are now shown as vacancies in the present notification. Therefore, the request made by the petitioner was answered by the first respondent. That apart, after having been received the reply from the first respondent, the petitioner once again challenged 3/7

the very notification dated 24.01.2025 without challenging the communication dated 24.02.2025. In fact, reply was properly given to the petitioner that the backlog vacancies are now notified in the present notification. That apart, as per the notification, examinations to them have been commenced. Therefore, there is no infirmity or illegality in the impugned notification. As such, this writ petition is liable to be dismissed.

4.

Accordingly, this writ petition is dismissed. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs.

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To 1.THE MEMBER SECRETARY, TEACHERS RECRUITMENT BOARD, 3RD AND 4TH FLOORS, DR.M.G.R. CENTURY BUILDINGS, ANNA ARIVALAYAM, COLLEGE ROAD, CHENNAI-600 006.

2.DIRECTOR OF LEGAL STUDIES, DIRECTORATE OF LEGAL STUDIES, PURASAWALKAM HIGH ROAD, KILPAUK, CHENNAI-600 010.

3.THE SECRETARY, LAW DEPARTMENT, SECRETARIAT, CHENNAI, TAMIL NADU-600 009.

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G.K.ILANTHIRAIYAN, J.

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