A.A.Ariyaz Basha v. The Principal Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.11.2025

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P.Nos.49835 and 49837 of 2025 A.A.Riyaz Basha ... Petitioner Vs

1. The Principal Secretary to Government, School Education Department, Secretariat, Chennai - 600009.

2. The Director/Commissioner, Directorate of School Education, DPI Campus, No.68, College Road,

3. The Joint Director of School Education (Vocational), DPI Campus, No.68, College Road, ... Respondents Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records culminated in the impugned order Na.Ka.No.1502/V1/E2/2010 dated 24.07.2013 issued by the third respondent and quash the same as illegal and 1/6

consequently directing the third respondent to reinstate the petitioner with continuous service with back wages and all attendant benefits. For Petitioner : Ms.S.Balamuki, for Mr.Gipson Jacob For Respondent : Mrs.S.Mythreye Chandru, Special Government Pleader

O R D E R

This writ petition has been filed challenging the order of termination dated 24.07.2013 passed by the third respondent.

2. Heard the learned counsel for both sides and perused the materials available on record.

3. Initially, the petitioner was appointed as a Computer Instructor on 04.07.2000. Thereafter, he was appointed on regular time scale of pay. Subsequently, the first respondent passed an order to absorb the Computer Instructors by conducting a Special test through the Teachers Recruitment Board with B.Ed., qualification, as per G.O.Ms.No.187 and G.O.Ms.No.188, dated 04.10.2006.

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4. The Hon'ble Supreme Court of India permitted the Teachers Recruitment Board to conduct a special examination in S.L.P. (C) No.25097 of 2008. Accordingly, the special test was conducted on 12.10.2008 and the petitioner was qualified in the said test. Thereafter, as directed by the Hon'ble Supreme Court of India, another special test was conducted on 24.01.2010. However, the petitioner failed to obtain 50% marks in the second special test. Therefore, as per the order passed by the Hon'ble Supreme Court of India, those who failed to secure 50% qualifying marks were to be terminated. Accordingly, the petitioner was terminated from service by order dated 24.07.2013.

5. On perusal of the records, it is seen that the petitioner has challenged the impugned order after a period of twelve years, and therefore, this writ petition is liable to be dismissed on the ground of latches. That apart, the petitioner cannot now claim any benefit under G.O.Ms.No.151, Social Welfare and Nutritious Meal Programme Department dated 16.10.2008, for regularization. Only pursuant to the directions issued by the 3/6

Hon'ble Supreme Court of India, the special test was conducted by the Teachers Recruitment Board, in which the petitioner failed to secure 50% qualifying marks. Therefore, this Court finds no infirmity or illegality in the order of termination.

6. In the result, this Writ Petition is dismissed. Consequently, the connected Miscellaneous Petitions are closed. No costs. 21.11.2025 Index:Yes/No kv To

1. The Principal Secretary to Government, School Education Department, Secretariat, Chennai - 600009.

2. The Director/Commissioner, Directorate of School Education, DPI Campus, No.68, College Road, 4/6

3. The Joint Director of School Education (Vocational), DPI Campus, No.68, College Road, 5/6

G.K.ILANTHIRAIYAN, J.

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