Madras High CourtWP/28458/2018allowed

G.Anandhakrishnan v. The Chairman

2019-03-12Honourable Mr Justice S.M. Subramaniam30 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :12.03.2019

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.Nos.28458, 21274, 21275, 22384, 33644, 28523, 28561, 28605, 28645, 28647, 28650, 28793, 28939, 29065, 29170, 29423, 29567, 29648, 30405, 30414, 30422, 30444, 30523, 31262, 31403, 31412, 32021, 32024, 32375,32707, 32829, 33495 of 2018 & 6542 of 2019 and W.M.P.Nos.33195, 24943, 24944, 26227, 30240, 39051, 39053, 33275, 33330, 33358, 33378, 33380, 33382, 33431, 33432, 33436, 33437, 33443, 33648, 33824, 33989, 33991, 34100, 34102, 34386, 34388, 34528, 34532, 34615, 34616, 35472, 35473, 35474, 35481, 35484, 35486, 35497, 35502, 35505, 35516, 35518, 35522, 35599, 36446, 36450, 36592, 36596, 36608, 37275, 37276, 37278, 37279, 37280, 37281, 37569, 37578, 37580, 37898, 38034, 38867 of 2018. G.ANANDHAKRISHNAN ... PETITIONER in WP No.28458 of 2018 S.KAVITHA A.SOFIAFLORENCE R.REETA VALARMATHI S.GOMATHI G.JOYCE JEYANTHI S.ANGULAKSHMI S.JEGADHEESWARI ... PETITIONERs in WP No.21274 of 2018 N.SIVASANKARI K.SATHYABAMA S.LOGANATHAN P.RAJA ... PETITIONERs in WP No.21275 of 2018 B.DHANALAKSHMI

R.RENUGADEVI K.ALLI ... PETITIONERs in WP No.22384 of 2018 N.ANNAPOORANI ... PETITIONER in WP No.33644 of 2018 P.RAVI ... PETITIONER in WP No.28523 of 2018 M.MARIAPPAN ... PETITIONER in WP No.28561 of 2018 P.YUVARANI ... PETITIONER in WP No.28605 of 2018 G.MURALI K.KUPPAN N.PREMKUMAR ... PETITIONERs in WP No.28645 of 2018 K.UMAMAHESWARI S.KUMAR G.MURALIVEL K.THENMOZHI ... PETITIONERs in WP No.28647 of 2018 K.DASS ... PETITIONER in WP No.28650 of 2018 T.TAMILSELVI ... PETITIONER in WP No.28793 of 2018 S.ANJUGAM ... PETITIONER in WP No.28939 of 2018 V.BASKARAN ... PETITIONER in WP No.29065 of 2018 K.MALLIKADEVI ... PETITIONER in WP No.29170 of 2018 M.WELLINGTON ... PETITIONER in WP No.29423 of 2018 K.SUKUMAR ... PETITIONER in WP No.29567 of 2018 S.SOUTHRI ... PETITIONER in WP No.29648 of 2018 A.VASUDEVAN ... PETITIONER in WP No.30405 of 2018 G.POONGODI ... PETITIONER in WP No.30414 of 2018 V.AMUTHA ... PETITIONER in WP No.30422 of 2018

T.VANITHA ... PETITIONER in WP No.30444 of 2018 G.KAMALAVEL ... PETITIONER in WP No.30523 of 2018 K.SAMPOORNAM ... PETITIONER in WP No.31262 of 2018 T.MAHENDRAN ... PETITIONER in WP No.31403 of 2018 V.MURUGAN ... PETITIONER in WP No.31412 of 2018 RAMASAMY.M ... PETITIONER in WP No.32021 of 2018 A.ANNIE LYDIAL JULLIET ... PETITIONER in WP No.32024 of 2018 A.UMAR FAROOK ... PETITIONER in WP No.32375 of 2018 S.MURUGANANTHAM ... PETITIONER in WP No.32707 of 2018 R.VIJAYALAKSHMI ... PETITIONER in WP No.32829 of 2018 T.AYYANAR ... PETITIONER in WP No.33495 of 2018 A.KALPANA ... PETITIONER in WP No.6542 of 2019 Vs.

1 THE CHAIRMAN TEACHERS RECRUITMENT BOARD 4TH FLOOR EVK SAMPATH MALIGAI COLLEGE ROAD CHENNAI - 600006 2 THE SECRETARY TO SCHOOL EDUCATION DEPARTMENT GOVT. OF TAMIL NADU FORT ST. GEORGE CHENNAI - 600009 3 THE DIRECTOR OF GOVERNMENT EXAMINATIONS COLLEGE ROAD CHENNAI - 600006 ... RESPONDENTs in WP No.28458 of 2018 1 THE CHAIRMAN TEACHER RECRUITMENT BOARD COLLEGE ROAD CHENNAI - 600 006 2 THE DIRECTOR OF SCHOOL EDUCATION COLLEGE ROAD CHENNAI - 600 006 ... RESPONDENTs in WP No.21274 of 2018

1 THE CHAIRMAN TEACHER RECRUITMENT BOARD COLLEGE ROAD CHENNAI - 600 006 2 THE DIRECTOR OF SCHOOL EDUCATION COLLEGE ROAD CHENNAI - 600 006 ... RESPONDENTs in WP No.21275 of 2018 1 THE CHAIRMAN TEACHER RECRUITMENT BOARD COLLEGE ROAD CHENNAI-600 006.

2 THE DIRECTOR OF SCHOOL EDUCATION COLLEGE ROAD CHENNAI-600 006.

... RESPONDENTs in WP No.22384 of 2018 1 THE CHAIRMAN TEACHERS RECRUITMENT BOARD 4TH FLOOR EVK SAMPATH SALAI DPI CAMPUS COLLEGE ROAD CHENNAI 600 006 2 THE ADDITIONAL SECRETARY (TECH) OFFICE OF THE DIRECTOR OF GOVERNMENT EXAMINATIONS CHENNAI 600 006 3 S.RAJESH 4 K.G.SIVAKUMAR 5 N.NAVEEN KUMAR 6 D.ANANDHAN 7 BALAJI K 8 V.SURESH 9 K.G.SIVAKUMAR 10 M.VEERAMANI 11 VINOTH KUMAR ... RESPONDENTs in WP No.33644 of 2018 1 THE DIRECTOR OF SCHOOL EDUCATION DPI CAMPUS COLLEGE ROAD CHENNAI 2 THE JOINT DIRECTOR(PERSONNEL) DPI CAMPUS COLLEGE ROAD CHENNAI

3 THE TEACHERS RECRUITMENT BOA RD REP. BY ITS CHAIRMAN DPI CAMPUS COLLEGE ROAD CHENNAI ... RESPONDENTs in WP No.28523 of 2018 1 THE CHAIRMAN TEACHERS RECRUITMENT BOARD 4TH FLOOR EVK SAMPATH SALAI DPI CAMPUS COLLEGE ROAD CHENNAI- 600 006 2 THE ADDITIONAL SECRETARY (TECH) OFFICE OF THE DIRECTOR OF GOVERNMENT EXAMINATIONS CHENNAI- 600 006 3 K. BALASHANMUGAM 4 V. RAJESHKANNA 5 K. SANKAR 6 A.ANBAZHAGAN 7 S.PANDIYARAJAN 8 M. PRABU 9 R. RAMESH 10 D.SENTHIL KUMAR 11 S. YOGALAKSHMI 12 S. SIVABALAN ... RESPONDENTs in WP No.28561 of 2018 1 THE STATE OF TAMIL NADU REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT SCHOOL EDUCATION DEPARTMENT SECRETARIAT FORT ST. GEORGE CHENNAI 2 THE DIRECTOR OF SCHOOL EDUCATION DPI CAMPUS COLLEGE ROAD CHENNAI 3 THE CHAIRMAN TEACHER RECRUITMENT BOARD 4TH FLOOR E.V.K.

SAMPATH MALIGAI DPI CAMPUS COLLEGE ROAD CHENNAI ... RESPONDENTs in WP No.28605 of 2018

1 THE CHAIRMAN TEACHER RECRUITMENT BOARD COLLEGE ROAD CHENNAI 6 2 THE DIRECTOR OF SCHOOL EDUCATION COLLEGE ROAD CHENNAI 6 ... RESPONDENTs in WP No.28645 of 2018 1 THE CHAIRMAN TEACHER RECRUITMENT BOARD COLLEGE ROAD CHENNAI 6 2 THE DIRECTOR OF SCHOOL EDUCATION COLLEGE ROAD CHENNAI 6 ... RESPONDENTs in WP No.28647 of 2018 1 THE CHAIRMAN TEACHER RECRUITMENT BOARD COLLEGE ROAD CHENNAI 6 2 THE DIRECTOR OF SCHOOL EDUCATION COLLEGE ROAD CHENNAI 6 ... RESPONDENTs in WP No.28650 of 2018 1 THE CHAIRMAN TEACHER RECRUITMENT BOARD COLLEGE ROAD CHENNAI 600 006 2 THE DIRECTOR OF SCHOOL EDUCATION COLLEGE ROAD CHENNAI 600 006 ... RESPONDENTs in WP No.28793 of 2018 1 THE CHAIRMAN TEACHERS RECRUITMENT BOARD 4TH FLOOR EVK SAMPATH MAALIGAI DPI CAMPUS COLLEGE ROAD CHENNAI 2 THE MEMBER SECRETARY TEACHERS RECRUITMENT BOARD 4TH FLOOR EVK SAMPATH MAALIGAI DPI CAMPUS COLLEGE ROAD CHENNAI ... RESPONDENTs in WP No.28939 of 2018 1 THE CHAIRMAN TEACHERS RECRUITMENT BOARD 4TH FLOOR E.V.K. SAMPATH MAALIGAI DPI COMPOUND COLLEGE ROAD CHENNAI - 600 006.

... RESPONDENT in WP No.29065 of 2018

1 THE STATE OF TAMIL NADU REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT SCHOOL EDUCATION DEPARTMENT SECRETARIAT FORT ST.GEORGE CHENNAI 600 009 2 THE DIRECTOR OF SCHOOL EDUCA TION DPI CAMPUS COLLEGE ROAD CHENNAI 600 3 THE CHAIRMAN TEACHERS RECRUITMENT BOARD 4TH FLOOR E.V.K. SAMPATH MALIGAI DPI CAMPUS COLLEGE ROAD CHENNAI 600 006 ... RESPONDENTs in WP No.29170 of 2018 1 THE CHAIRMAN TEACHERS RECRUITMENT BOARD 4TH FLOOR EVK SAMPATH SALAI DPI CAMPUS COLLEAGE ROAD CHENNAI - 600 006.

2 THE ADDITIONAL SECRETARY (TECH) OFFICE OF THE DIRECTOR OF GOVERNMENT EXAMINATIONS CHENNAI - 600 006.

3 K. BALASHANMUGAM 4 V. RAJESHKANNA 5 K. SANKAR 6 A. ANBAZHGAN 7 S. PANDIYARAJAN 8 M. PRABU 9 R. RAMESH 10 D. SENTHIL KUMAR 11 S. YOGALAKSHMI 12 S. SIVABALAN ... RESPONDENTs in WP No.29423 of 2018 1 THE STATE OF TAMIL NADU REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT 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 CHAIRMAN TEACHER RECRUITMENT BOARD 4TH FLOOR E.V.K. SAMPATH MALIGAI DPI CAMPUS COLLEGE ROAD CHENNAI - 600 006 ... RESPONDENTs in WP No.29567 of 2018 1 THE STATE OF TAMIL NADU REP BY TIS PRINCIPAL SECRETARY TO GOVERNMENT 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 CHAIRMAN TEACHER RECRUITMENT BOARD 4TH FLOOR E.V.K.

SAMPATH MALIGAI DPI CAMPUS COLLEGE ROAD CHENNAI -600 006 ... RESPONDENTs in WP No.29648 of 2018 1 THE PRINCIPAL SECRETARY TO GOVERNMENT OF TAMIL NADU DEPARTMENT OF SCHOOL EDUCATION FORT.ST.GEORGE CHENNAI 600009 2 THE CHAIRMAN TEACHERS RECRUITMENT BOARD GOVERNMENT OF TAMIL NADU 4TH FLOOR EVK SAMPATH MALIGAI DPI CAMPUS COLLEGE ROAD CHENNAI 600006 3 THE DIRECTOR OF SCHOOL EDUCA TION DEPARTMENT OF SCHOOL EDUCATION GOVT.

OF TAMIL NADU DPI CAMPUS COLLEGE ROAD CHENNAI 600006 4 THE DIRECTOR DEPARTMENT OF GOVT EXAMINATIONS DPI CAMPUS COLLEGE ROAD CHENNAI 600006 ... RESPONDENTs in WP No.30405 of 2018

1 THE PRINCIPAL SECRETARY TO GOVERNMENT OF TAMIL NADU DEPARTMENT OF SCHOOL EDUCATION FORT. ST.GEORGE CHENNAI - 600009.

2 THE CHAIRMAN TEACHERS RECRUITMENT BOARD GOVERNMENT OF TAMIL NADU 4TH FLOOR EVK SAMPATH MALIGAI DPI CAMPUS COLLEGE ROAD CHENNAI 600 006 3 THE DIRECTOR OF SCHOOL EDUCA TION DEPARTMENT OF SCHOOL EDUCATION GOVT.

OF TAMIL NADU DPI CAMPUS COLLEGE ROAD CHENNAI 600 006 4 THE DIRECTOR DEPARTMENT OF GOVT.EXAMINATIONS DPI CAMPUS COLLEGE ROAD CHENNAI 600 006 ... RESPONDENTs in WP No.30414 of 2018 1 THE PRINCIPAL SECRETARY TO GOVERNMENT OF TAMIL NADU DEPARTMENT OF SCHOOL EDUCATION FORT. ST. GEORGE CHENNAI 600009 2 THE CHAIRMAN TEACHERS RECRUITMENT BOARD GOVERNMENT OF TAMIL NADU 4TH FLOOR EVK SAMPATH MALIGAI DPI CAMPUS COLLEGE ROAD CHENNAI 600 006 3 THE DIRECTOR OF SCHOOL EDICA TION DEPARTMENT OF SCHOOL EDUCATION GOVT.

OF TAMIL NADU DPI CAMPUS COLLEGE ROAD CHENNAI 600 006 THE DIRECTOR DEPARTMENT OF GOVERNMENT EXAMINATIONS DPI CAMPUS COLLEGE ROAD CHENNAI 6.

... RESPONDENTs in WP No.30422 of 2018 1 THE PRINCIPAL SECRETARY TO GOVERNMENT OF TAMIL NADU DEPARTMENT OF SCHOOL EDUCATION FORT. ST. GEORGE CHENNAI - 600009

2 THE CHAIRMAN TEACHERS RECRUITMENT BOARD GOVERNMENT OF TAMIL NADU 4TH FLOOR EVK SAMPATH MALIGAI DPI CAMPUS COLLEGE ROAD CHENNAI - 600 006 3 THE DIRECTOR OF SCHOOL EDUCATION DEPARTMENT OF SCHOOL EDUCATION GOVT.

OF TAMIL NADU DPI CAMPUS COLLEGE ROAD CHENNAI - 600 006 4 THE DIRECTOR DEPARTMENT OF GOVT.EXAMINATIONS DPI CAMPUS COLLEGE ROAD CHENNAI - 600 006 ... RESPONDENTs in WP No.30444 of 2018 1 THE CHAIRMAN TEACHER RECRUITMENT BOARD COLLEGE ROAD CHENNAI -600 006 2 THE DIRECTOR OF SCHOOL EDUCATION COLLEGE ROAD CHENNAI-600 006 ... RESPONDENTs in WP No.30523 of 2018 1 THE STATE OF TAMIL NADU REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT SCHOOL EDUCATION DEPARTMENT SECRETARIAT FORT ST. GEORGE CHENNAI - 600009 2 THE DIRECTOR OF SCHOOL EDUCA TION DPI CAMPUS COLLEGE ROAD CHENNAI - 600006 3 THE CHAIRMAN TEACHER RECRUITMENT BOARD 4TH FLOOR E.V.K.

SAMPATH MALIGAI DPI CAMPUS COLLEGE ROAD CHENNAI - 600 006 ... RESPONDENTs in WP No.31262 of 2018 1 THE MEMBER SECRETARY TEACHERS RECRUITMENT BOARD 4TH FLOOR EVK SAMPATH MAALIGAI DPI CAMPUS COLLEGE ROAD CHENNAI 600 006

2 THE SECRETARY TO THE GOVERNMENT TECHNICAL EDUCATION FORT ST.

GEORGE CHENNAI -600 009 ... RESPONDENTs in WP No.31403 of 2018 1 THE CHAIRMAN TEACHERS RECRUITMENT BOARD COLLEGE ROAD CHENNAI-600 006 ... RESPONDENT in WP No.31412 of 2018 1 THE PRINCIPAL SECRETARY TO GOVERMENT OF TAMIL NADU DEPARTMENT OF SCHOOL EDUCATION FORT ST. GEORGE CHENNAI- 600009.

4 THE DIRECTOR DEPARTMENT OF GOVERNMENT EXAMINATIONS DPI CAMPUS COLLEGE ROAD CHENNAI - 600 006.

... RESPONDENTs in WP No.32021 of 2018 1 THE PRINCIPAL SECRETARY TO GOVERMENT OF TAMIL NADU DEPARTMENT OF SCHOOL EDUCATION FORT ST. GEORGE CHENNAI- 600009.

4 THE DIRECTOR DEPARTMENT OF GOVERNMENT EXAMINATIONS DPI CAMPUS COLLEGE ROAD CHENNAI - 600 006.

... RESPONDENTs in WP No.32024 of 2018 1 THE STATE OF TAMIL NADU REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT SCHOOL EDUCATION DEPARTMENT SECRETARIAT FORT ST.GEORGE CHENNAI 600009 2 THE DIRECTOR OF SCHOOL EDUCATION DPI CAMPUS COLLEGE ROAD CHENNAI 600006 3 THE CHAIRMAN TEACHER RECRUITMENT BOARD 4TH FLOOR E.V.K. SAMPATH MALIGAI DPI CAMPUS COLLEGE ROAD CHENNAI-600006 ... RESPONDENTs in WP No.32375 of 2018 1 THE CHAIRMAN TEACHERS RECRUITMENT BOARD COLLEGE ROAD CHENNAI 600006 2 THE DIRECTOR OF SCHOOL EDUCATION COLLEGE ROAD CHENNAI 600006 ... RESPONDENT in WP No.32707 of 2018 1 THE SECRETARY DEPARTMENT OF SCHOOL EDUCATION FORT ST.

GEORGE CHENNAI -09 2 DIRECTORATE OF SCHOOL EDUCATION DPI COMPLEX COLLEGE ROAD CHENNAI-06 3 THE CHAIRMAN TEACHERS RECRUITMENT BOARD DPI CAMPUS COLLEGE ROAD CHENNAI -06 ... RESPONDENTs in WP No.32829 of 2018 1 THE CHAIRMAN TEACHERS RECRUITMENT BOARD COLLEGE ROAD CHENNAI - 600 006

2 THE DIRECTOR OF SCHOOL EDUCATION COLLEGE ROAD CHENNAI - 600 006 ... RESPONDENTs in WP No.33495 of 2018 1 THE CHAIRMAN TEACHERS RECRUITMENT BOARD 4TH FLOOR EVK SAMPATH MALIGAI DPI CAMPUS COLLEGE ROAD CHENNAI - 600006 ... RESPONDENT in WP No.6542 of 2019 Prayer:

WP No.28458 of 2018 Directing the 1st respondent to select the petitioner as Drawing Teacher in the quota reserved for candidates who studied in Tamil Medium as the petitioner Secured 62 marks which is more than the cut off mark of the selected candidates of BC General Male and direct the 2nd respondent to give appointment order to the petitioner to join in any one of the government schools under the control of the Directorate of School Education forthwith WP No.21274 of 2018 Directing the 1st respondent to conduct certificate verification to the provisional selection list candidate for Sewing Teacher issued on 23.09.2017 by taking in to account the qualification prescription Special Rule for Tamil Nadu School Educational Subordinate Service Rules for Sewing Teacher and to pass orders thereon on merits and in accordance with law within a time to be stipulated by this Honble Court.

WP No.21275 of 2018 Directing the 1st respondent to conduct certificate verification to the provisional selection list candidate issued on 23.09.2017 by taking in to account the qualification prescription Special Rule for Tamil Nadu School Educational Subordinate Service Rules for Drawing Teacher and to pass orders thereon on merits and in accordance with law within a time to be stipulated by this Honble Court.

WP No.22384 of 2018 Directing the 1st respondent to issue appointment order to the candidate those who are satisfying qualification prescribed in the notification and also taking in to account the qualification prescription Special Rule for Tamil Nadu School Educational Subordinate Services Rules for Sewing Teacher and to pass orders thereon on merits and in accordance with law within a time to be stipulated by this Honourable Court

WP No.33644 of 2018 directing the respondent to consider the claim of the petitioner seeking the appointment to the post of drawing teacher in pursuance to the notification No.05/2017 dated 26.7.2017 issued by the respondent in the reserved category(Persons studied in Tamil Medium-PSTM) and to select and appoint the petitioner WP No.28523 of 2018 Calling for the records of the 3rd respondent Board with respect to the result of the petitioner dated 23.10.

2018 displayed on the official web site of the 3rd respondent Board, quash the same so far as the Non-selection of the petitioner and consequently direct the 3rd respondent Board to accept the transfer certificate issued to the petitioner by the Government Higher Secondary School, Guruvurajapettai in proof of the fact that the petitioner had undergone his educational qualification as per the notification of the 3rd respondent Board only in Tamil Medium or in the alternative accept the certificate issued by the Director of Government Examinations dated 17.10.2018 that the Petitioner had undergone the X Std Examinations only in Tamil Medium and accordingly consider the petitioner as a person who decided in Tamil Medium and grant him with appointment as Drawing teacher with all attendant monetary and service benefits. WP No.

28561 of 2018 Directing the respondent to consider the claim of the petitioner seeking the appointment to the post of drawing teacher in pursuance to the notification No. appointment to the post of drawing teacher in pursuance to the notification No. 05/2017 dated 26.07.2018 issued by the 1st respondent in the reserved Category (Persons studied in Tamil Medium- PSTM) and to select and appoint the petitioner WP No.28605 of 2018 To call for the records relating to the impugned communication issued by the 3rd respondent in No. Nil dated 12.10.

2018 and to quash the same and consequently directing the respondents to select and appoint the petitioner to the post of Drawing Teacher under Persons Studied in Tamil Medium(PSTM) category in the reserved category of MBC/ DNC-W on par with juniors with reference to date of birth and based on the marks secured by the petitioner in the selection with all consequential benefits WP No.28645 of 2018 Directing the 1st respondent to appoint the petitioners as Drawing Teacher (Special Teacher) based on the marks secured by them and as per Rule 10 of the Notification No.

26.7.2017 by considering the representation dated 14.10.2018 and to pass orders thereon on merits and in accordance with law within a time to be stipulated by this Honourable Court WP No.28647 of 2018 Directing the 1st respondent to appoint the petitioners as Drawing Teacher (Special Teacher) based on the marks secured by them and as per Rule 10 of the Notification No. 5/2017 dated 26.7.2017 by considering the representation dated 14.10.2018 and to pass orders thereon on merits and in accordance with law within a time to be stipulated by this Honourable Court WP No.28650 of 2018 Directing the 1st respondent to appoint the petitioner as Drawing Teacher (Special Teacher) based on the marks secured by them and as per Rule 10 of the Notification No. 5/2017 dated 26.7.2017 by considering the representation dated 14.10.

2018 and to pass orders thereon on merits and in accordance with law within a time to be stipulated by this Honourable Court WP No.28793 of 2018 directing the 1st respondent to appoint the petitioner as Drawing Teacher (Special Teacher) based on the marks secured by her and as per Rule 10 of the Notification No.5/2017 dated 26.7.2017 by considering the representation dated 13.10.2018 WP No.28939 of 2018 Directing the 2nd respondent to pass appropriate orders on petitioner representation dated 15.10.2018 and to direct the respondents to include my name and roll number in the selection list for the post of Drawing Teacher for Direct Recruitment of Special Teachers (Physical Education, Drawing Music, Sewing) in School Education and other Departments WP No.

29065 of 2018 Calling for the records relating to the selection result published online by the respondent in his proceedings relating to the petitioners roll number 17ST29020043 in the process of Direct Recruitment of Special Teacher, 2012-2016 and quash the same and consequently direct the respondent to consider the case of the petitioner under BCGT turn.

WP No.29170 of 2018 to call for the records relating to the impugned communication issued by the 3rd Respondents in No.Nil dated 12.10.2018 and to quash the same and consequently directing the respondents to select and appoint the Petitioner to the post of Drawing Teacher

under Persons studied in Tamil Medium(PSTM) category in the reserved category of MBC/DNC based on the marks secured by the Petitioner in the selection WP No.29423 of 2018 Directing the 1st respondent to consider the claim of the petitioner seeking the appointment to the post of drawing teacher in pursuance to the notification No.05/2017 dated 26.07.2017 issued by the 1st respondent in the reserved category (Persons studied in Tamil Medium - PSTM) . WP No.29567 of 2018 to call for the records relating to the impugned communication issued by the 3rd Respondent in No.Nil dated 12.10.

2018 and to QUASH the same and consequently directing the Respondents to select and appoit the Petitioner to the post of Physical Education Teacher in School Education under MBC category on par with juniors with reference to date of birth, with all consequential benefits and other attendant benefits WP No.29648 of 2018 Relating to the impugned communication issued by the 3rd Respondent in no.nil dated 12/10/2018 and to quash the same and consequently directing the Respondent to select and appoint the petitioner to the same and consequently directing the Respondents to select and appoint the petitioner to the post of Drawing teacher under persons studied in tamil mediu (pstm) category in the reserved category of mbc/dnc-gbased on the marks secured by the petitioner in the selection WP No.

30405 of 2018 To Call for the 2nd respondent / teachers Recruitment Boards pertaining to the Tentative provisional Selection List Dated 12/10/2018, of candidates selected by it in pursuance to the notification No.05/2017 dated 26/07/2017 for Recruitment of Special Teachers for the category of Drawing Teachers and quash the same as illegal and direct the 2nd respondent select and appoint the petitioner herein as Drawing teacher in any department including that of the 3rd respondent herein. WP No.30414 of 2018 To Call for the records of the 2nd respondent/Teachers Recruitment Board`s pertaining to the Tentative Provisional Selection List dated 12/10/2018, of candidates selected by it in pursuance to the notification No.

respondent select and appoint the petitioner herein as Drawing teacher in any department including that of the 3rd respondent herein.

WP No.30422 of 2018 To call for the records of the 2nd respondent / Teachers Recruitment Board`s pertaining to the Tentative Provisional Section List Dated 12/10/2018, of candidates selected by it in pursuance to the notification No. 05/2017 dated 26/07/2017 for recruitment of Special Teachers for the category of Drawing Teachers and quash the same as illegal and direct the 2nd respondent select and appoint the petitioner herein as Drawing teacher in any department including that of the 3rd respondent herein.

WP No.30444 of 2018 To Call for the records of the 2nd respondent / Teachers Recruitment Board`s pertaining to the Tentative Provisional Selection List dated 12/10/2018 of candidates selected by its in pursuance to the notification No.05/2017 dated 26/07/2017 for Recruitment of Special Teachers for the category of sewing Teachers and quash the same as illegal and direct the 2nd respondent select and appoint the petitioner herein as Sewing teacher in any department including that of the 3rd respondents herein.

WP No.30523 of 2018 Directing the 1st respondent to appoint the petitioner as Drawing Teacher (Special Teacher) based on the marks secured by them and as per Rule 10 of the Notification No.5/2017 dated.26.07.2017 by considering the representation dated 15.10.2018 and to pass orders thereon on merits and in accordance with law within a time to be stipulated by this Honorable Court WP No.31262 of 2018 To call for the records relating to the impugned communication issued by the 3rd respondent in No. Nil dated 12.10.2018 and to quash the same and consequently directing the respondents to select and appoint the Petitioner to the post of Sewing Teacher in School Education under GTG or MBC Category, with all consequential benefits and other attendant benefits WP No.31403 of 2018 Calling for the records pertaining to the Provisional list published by the 1st Respondent for the selection of Special Teachers as per notification No.5/2017 of Teachers Recruitment Board of Tamil Nadu , dated 26/07/2017 and consequently direct

the 1st Respondent to issue a fresh selection list by including my name for the post of Special Teacher in Drawing (BC GT) category.

WP No.31412 of 2018 direct the respondent to appoint the petitioner as Drawing Teacher WP No.32021 of 2018 To call for the records of the 2nd respondent / Teachers Recruitment Board`s pertaining to the Tentative Provisional Selection list dated 12.10.2018, of candidates selected by it in pursuance to the notification No.05/2017 dated 26.07.2017 for Recruitment of Special Teachers for the category of Drawing Teachers and quash the same as illegal as far as this petitioner is concerned and direct the 2nd respondent select and appoint the petitioner herein as drawing teacher in any department including that of the 3rd respondent herein WP No.32024 of 2018 To call for the records of the 2nd respondent / Teachers Recruitment Board`s pertaining to the Tentative Provisional Selection list dated 12.10.

2018, of candidates selected by it in pursuance to the notification No.05/2017 dated 26.07.2017 for Recruitment of Special Teachers for the category of Sewing Teachers and quash the same as illegal as far as this petitioner is concerned and direct the 2nd respondent select and appoint the petitioner herein as Sewing teacher in any department including that of the 3rd respondent herein WP No.32375 of 2018 to call for the records relating to the impugned communication published by the 3rd respondent vide their official website in No.Nil, dated Nil, and to quash the same and consequently directing the respondents to select and appoint the petitioner to the post of Special Teacher Drawing in school education under BC-M Category or BCM GT category with all consequential benefits and other attendant benefits WP No.

32707 of 2018 directing the 1st respondent to appoint the petitioner as drawing teacher (Special Teacher) based on the marks secured by them and as per rule 10 of the notification No.5/2017 dated 26.7.2017 by considering the representation dated 15.10.

WP No.32829 of 2018 directing the 2nd and 3rd respondents to consider the name of the petitioner for selection to the post of special Teachersewing in the light of the Tamil Medium study certificate already produced by petitioner WP No.33495 of 2018 Directing the 1st respondent to appoint the petitioner as drawing teacher (Special Teacher) based on the marks secured by them and as per rule 10 of the notification No.5/2017 dated 26.07.2017 by considering the representation dated 15.10.2018 and to pass orders thereon on merits and in accordance with law within a time to be stipulated by this Honorable Court. WP No.6542 of 2019 Directing the respondent to consider the representation of the petitioner dated 19.10.2018 and appoint the petitioner to the post of Drawing Teacher In W.P.No.28458 of 2018:

For Petitioner : Mr.P.Ebenzer Paul For Respondents: M/s.Narmadha Sampath, Additional Advocate General assisted by Mrs.P.Kavitha, Government Advocate for R2 & R3 Mr.C.Munusamy, Special Government Pleader for R1 In W.P.Nos.21274, 21275, 22384, 33644 of 2018: For Petitioner : Mr.P.Ganesan For Respondents: M/s.Narmadha Sampath, Additional Advocate General assisted by Mrs.P.Kavitha, Government Advocate for R2 Mr.C.Munusamy, Special Government Pleader for R1 In W.P.No.28523 of 2018:

For Petitioner : M/s.Dakshyani Reddy For Respondents: M/s.Narmadha Sampath,

Additional Advocate General assisted by Mrs.P.Kavitha, Government Advocate for R1 & R2 Mr.C.Munusamy, Special Government Pleader for R3 In W.P.No.28561 of 2018:

For Petitioner : Mr.G.Ilamurugu For Respondents: M/s.Narmadha Sampath, Additional Advocate General assisted by Mrs.P.Kavitha, Government Advocate for R2 Mr.C.Munusamy, Special Government Pleader for R1 In W.P.No.28605 of 2018:

For Petitioner : Mr.P.Ganesan For Respondents: M/s.Narmadha Sampath, Additional Advocate General assisted by Mrs.P.Kavitha, Government Advocate for R2 Mr.C.Munusamy, Special Government Pleader for R1 In W.P.No.28793 of 2018:

For Petitioner : Mr.P.Ganesan

For Respondents: M/s.Narmadha Sampath, Additional Advocate General assisted by Mrs.P.Kavitha, Government Advocate for R2 Mr.C.Munusamy, Special Government Pleader for R1 In W.P.No.28939 of 2018:

For Petitioner : Mr.S.Kumara Devan For Respondents: M/s.Narmadha Sampath, Additional Advocate General assisted by Mrs.P.Kavitha, Government Advocate for R1 & R2 Mr.C.Munusamy, Special Government Pleader for R3 In W.P.No.29065 of 2018:

For Petitioner : Mr.R.Arun Dattan For Respondent : Mr.C.Munusamy, Special Government Pleader In W.P.No.29170 of 2018:

In W.P.No.29567 of 2018:

For Petitioner : Mr.G.Sankaran For Respondents: M/s.Narmadha Sampath, Additional Advocate General assisted by Mrs.P.Kavitha, Government Advocate for R1 & R2 Mr.C.Munusamy, Special Government Pleader for R3 In W.P.Nos.30405, 30414, 30422, 30444 of 2018: For Petitioner : Mr.M.Purushothaman For Respondents: M/s.Narmadha Sampath, Additional Advocate General assisted by Mrs.P.Kavitha, Government Advocate for R1, R3 & R4 Mr.C.Munusamy, Special Government Pleader for R2 In W.P.No.30523 of 2018:

For Petitioner : Mr.P.Ganesan For Respondents: M/s.Narmadha Sampath, Additional Advocate General assisted by Mrs.P.Kavitha, Government Advocate for R2 Mr.C.Munusamy, Special Government Pleader for R1

In W.P.No.31262 of 2018:

For Petitioner : Mr.V.Selva Perumal For Respondents: M/s.Narmadha Sampath, Additional Advocate General assisted by Mrs.P.Kavitha, Government Advocate for R2 Mr.C.Munusamy, Special Government Pleader for R1 In W.P.No.31412 of 2018:

For Petitioner : Mr.S.Ilamvaludhi For Respondents: M/s.Narmadha Sampath, Additional Advocate General assisted by Mr.C.Munusamy, Special Government Pleader In W.P.No.32021, 32024 of 2018:

For Petitioner : Mr.M.P.Purushothaman For Respondents: M/s.Narmadha Sampath, Additional Advocate General assisted by Mrs.P.Kavitha, Government Advocate for R1, R3 & R4 Mr.C.Munusamy, Special Government Pleader for R2 In W.P.No.32375 of 2018:

For Petitioner : Mr.N.Elumalai

For Respondents: M/s.Narmadha Sampath, Additional Advocate General assisted by Mrs.P.Kavitha, Government Advocate for R1 & R2 Mr.C.Munusamy, Special Government Pleader for R3 In W.P.No.32707 of 2018:

For Petitioner : Mr.S.Arivazhagan For Respondents: M/s.Narmadha Sampath, Additional Advocate General assisted by Mrs.P.Kavitha, Government Advocate for R2 Mr.C.Munusamy, Special Government Pleader for R1 In W.P.No.32829 of 2018:

For Petitioner : Mr.P.Sesubalanraja For Respondents: M/s.Narmadha Sampath, Additional Advocate General assisted by Mrs.P.Kavitha, Government Advocate for R1 & R2 Mr.C.Munusamy, Special Government Pleader for R3 In W.P.No.33495 of 2018:

For Petitioner : Mr.M.Devaraj For Respondents: M/s.Narmadha Sampath, Additional Advocate General assisted by Mr.C.Munusamy, Special Government Pleader for Respondent

COMMON ORDER The relief as such sought for in these batch of writ petitions are to direct the respondents to select the writ petitioners as Drawing Teacher in the quota reserved for candidates, who studied in Tamil Medium, based on the marks secured by the respective writ petitioners in the process of selection and as per the Rule of Reservation and quotas allotted.

2. All the writ petitioners have admittedly passed their respective SSLC Course and the Higher Secondary Course (+ 2 Course). The petitioners have passed the Technical Examination Higher Grade in Free Hand Out line Model Drawing and some of the writ petitioners have secured higher grade in Sewing and Needle Works examination. Accordingly, all the writ petitioners are eligible and qualified for appointment to the post of Special Teacher for Drawing as well as Sewing and Needle Works.

3. The grievances in short addressed by the writ petitioners before this Court is that they had submitted their respective online applications, pursuant to the recruitment notification issued by the Teachers Recruitment Board on 26.07.2018. The online application provides separate column in respect of the qualifications acquired by the respective candidates. As far as the medium of instruction is concerned, the same is provided against the column meant for SSLC and HSC / Equivalent. However, there is no separate column provided in respect of the qualifications of Technical Education. In other words, there is no column indicating the medium of instruction is provided in respect of the qualifications prescribed for recruitment to the post of Special Teacher for Drawing as well as Sewing and Needle Works.

4. The learned counsel appearing on behalf of the writ petitioners states that the writ petitioners had undergone courses in Drawing as well as Sewing and Needle Works respectively, by writing examinations in Tamil Medium. This apart, all the writ petitioners had indicated in the online application that they had studied in Tamil Medium and therefore, entitled to avail the quota prescribed for the persons studied in Tamil Medium (20% quota). However, the writ petitioners had not produced the certificates in respect of the Higher Grade Technical Examinations showing that they had undergone the Course in Tamil Medium.

5. The learned counsel for the writ petitioners solicited the attention of this Court that no such certificate was issued to the writ petitioners at the time of passing of Technical Examination nor the medium of instructions are indicated in the certificate issued by the Director of Government Examinations. Under these circumstances, the petitioners had submitted their respective applications before the Director of Government Examinations to issue certificate in respect of the medium of instructions for the courses of Drawing as well as Sewing and Needle Works. The Director of Government Examinations issued a reply letter by stating that the "this department is conducting Technical Examinations to private candidates only, for Government Technical Examination. No training is conducted by this Department. Hence, required certificate is unable to issued to the candidate".

6. The position is confirmed by the learned Additional Advocate General by stating that no such certificate was issued by the Director of Government Examinations, as the same are unable to be issued, for want of records.

7. The peculiar circumstances now arises that though the writ petitioners had undergone the Higher Grade Examinations in Drawing as well as Sewing and Needle Works through Tamil Medium, they are not in a position to get certificate from the Director of Government Examinations. Thus, they have stated in their online application that they had opted Tamil Medium for undergoing the Higher Grade Examinations. This apart, during the certificate verification process also, all the writ petitioners have stated that they have studied in Tamil Medium and they are entitled to avail the quota alloted for persons studied in Tamil Medium.

8. The next question arises is, whether the writ petitioners can produce the certificate, if any granted by the private institutes which all are conducting Drawing courses or Sewing and Needle courses. Most of the writ petitioners have studied or underwent training in Private Institutions long back. Thus, the Private Institutions may not be in a position to issue such certificates or would have been closed by this time. This apart, such Private certificates, if at all issued by unrecognised private institutes, the same cannot be trusted upon, as the same will create doubts as far as the genuinity is concerned. The Private Institute, if issued any certificate and such certificates are taken for the purpose of providing public employment, the said procedure cannot be accepted, in view of the fact that there is a possibility of tampering of issuance and production of false certificates. This apart, if the Higher

Grade Examinations are undertaken by the private candidates even without undergoing any training in any of the institutes, there is a possibility of issuance of certificates, such circumstances are also possible. The course being technical one and the certificate course. Any person who has the knowledge of Drawing or Sewing and Needle works can participate in the lower or higher grade examinations. Under these circumstances, the private candidates may not be in a position to get such certificates from the Private Institutes. If such candidates are produced such certificates necessarily, they have to obtain certificates from the private institutes by paying some amount or by getting false certificates.

Therefore, such a scheme, if approved, will create lot of anomalies and will lead to corrupt practices and therefore, it cannot be approved. In the event of producing such certificates to be issued by the Private Institutes for the purpose of considering the candidates under the quota alloted for the persons studied in Tamil Medium, it will lead to corrupt practices. Thus, the said procedure now contended by the respondents cannot be the best one or full proof.

9. Under these circumstances, a pragmatic approach is to be adopted for the purpose of balancing the issues as well as in the matter of extending the quota for the persons who studied in Tamil Medium.

10. Admittedly, all the writ petitioners have submitted the online applications stating that they are eligible to avail the quota alloted for the persons studied in Tamil Medium. Even during the certificate verification, they have stated that they have studied in Tamil Medium. As far as the application form is concerned, the medium of instruction is provided only against the column provided for SSLC and HSC/Equivalent. As far as the Technical Education column is concerned, no medium of instruction is provided. Thus, the respondent cannot now direct the candidates to secure the certificate from the Director of Government Examinations, who in turn refused to give such certificates, on account of the fact that those options are not available with the office of the Director of Examinations.

11. Under these circumstances, this Court is of an opinion that as per the online application, the Authorities Competent are bound to verify the medium of instructions in respect of SSLC and HSC / Equivalent. As far as the Technical qualification of Higher Grade Examinations are concerned, the candidates can be considered based on their declaration and based on the certificate verification done by the Competent Authorities at the time of the selection process. However, such undertaking and

the statement given by the candidates during the certificate verification process can be verified and scrutinized by the Competent Authorities with the Director of Government Examinations or with any other authorities, if necessary.

12. It is made clear that in the certificate verification form, if any candidate has not opted the medium of instructions, such candidates are not eligible to avail the quota allotted for the persons studied in Tamil Medium. If any of the candidate have not stated that he has studied in Tamil Medium, then such candidates are not eligible for the quota as the persons studied in Tamil Medium. In respect of all other candidates who have opted the Tamil quota both in the online application as well as in the certificate verification process in the prescribed format, those candidates can be considered in the PSTM quota and accordingly, the respondents are directed to consider all the cases of the writ petitioners by verifying the online application as well as in certificate verification in the prescribed format and thereafter, redraw the selection list by providing the quota alloted to the persons studied in Tamil Medium and thereafter, finalize the selection list and appoint the candidates, by following the procedures.

13. Accordingly, all these batch of writ petitions stand allowed. No costs. Consequently, all the connected miscellaneous petitions are closed.

s/d- Assistant Registrar(CS V) True Copy Sub-Assistant Registrar Pns To 1.THE CHAIRMAN, TEACHERS RECRUITMENT BOARD, 4TH FLOOR, EVK SAMPATH MALIGAI,DPI CAMPUS COLLEGE ROAD, CHENNAI - 600 006.

2.THE PRINCIPAL SECRETARY , SCHOOL EDUCATION DEPARTMENT, GOVERNMENT OF TAMIL NADU, FORT ST.GEORGE CHENNAI - 600 009.

3.THE DIRECTOR OF GOVERNMENT EXAMINATIONS, COLLEGE ROAD, CHENNAI - 600 006.

4. THE DIRECTOR OF SCHOOL EDUCATION DEPARTMENT OF SCHOOL EDUCATION GOVERNMENT OF TAMILNADU COLLEGE ROAD CHENNAI 6.

5. THE MEMBER SECRETARY TEACHERS RECRUITMENT BOARD 8th FLOOR, E.V.K. SAMPATH MALIGAI DPI CAMPUS, COLLEGE ROAD CHENNAI.

6. THE JOINT DIRECTOR (PERSONNEL) DPI CAMPUS COLLEGE ROAD CHENNAI.

7. THE ADDITIONAL SECRETARY(TECH) OFFICE OF THE DIRECTOR OF GOVERNMENT EXAMINATIONS CHENNAI 6.

8. THE SECRETARY TO GOVERNMENT TECHNICAL EDUCATION SECRETARIAT CHENNAI 9.

+1 CC to Govt. Pleader sr 21467, 21471, 21465, 24218, 21460, 24224, 21461, 24219, 24206, 24207, 24221, 24208, 24222, 24223, 24225, 24205, 24463, 21472, 24226, 21459, 24204, 21464, 21462, 24203, 24189, 24209, 24190, 24210, 24211, 24215, 24213, 24191,24217.

+1 CC to Mr.M.Purushothaman, Advocate sr 23533 +1 CC to Mr.V.Selvaperumal, Advocate sr 23096 +1 CC to Mr.C.Palanisamy, Advocate sr 23058.

+1 CC to Mr.M.Devaraj, Advocate sr 23070.

+2 CC to Mr.S.Arivazhagan, Advocate sr 23249,23250 +1 CC to Mr.P.Sesubalanraja, Advocate sr 23410. +5 CC to Mr.M.Purushothaman, Advocate sr 23534,23536,23535,23531,23532

+4 CC to Mr.G.Sankaran, Advocate sr 23468.

+1 CC to Mr.P.Ebenzer Paul, Advocate sr 23043. +1 CC to Mr.S.Kumara Devan, Advocate sr 23072. +2 CC to Mr.G.Ilamurugu, Advocate sr 23713,23714 +1 CC to Mr.R.Arun Dattan, Advocate sr 24113. +1 CC to Mr.S.Makesh, Advocate sr 23243.

W.P.Nos.28458, 21274, 21275, 22384, 33644, 28523, 28561, 28605, 28645, 28647, 28650, 28793, 28939, 29065, 29170, 29423, 29567, 29648, 30405, 30414, 30422, 30444, 30523, 31262, 31403, 31412, 32021, 32024, 32375,32707, 32829, 33495 of 2018 & 6542 of 2019 and W.M.P.Nos.33195, 24943, 24944, 26227, 30240, 39051, 39053, 33275, 33330, 33358, 33378, 33380, 33382, 33431, 33432, 33436, 33437, 33443, 33648, 33824, 33989, 33991, 34100, 34102, 34386, 34388, 34528, 34532, 34615, 34616, 35472, 35473, 35474, 35481, 35484, 35486, 35497, 35502, 35505, 35516, 35518, 35522, 35599, 36446, 36450, 36592, 36596, 36608, 37275, 37276, 37278, 37279, 37280, 37281, 37569, 37578, 37580, 37898, 38034, 38867 of 2018. BS(CO) SP(20/06/2019)