X.Arockiamary v. The Secretary To Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.01.2025
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)Nos.620 and 621 of 2025 W.P(MD) No.620 of 2025:
X.Arockiamary ... Petitioner Vs.
1.The Secretary to Government, Department of School Education, Secretariat, St.George Fort, Chennai - 600 009.
2.The Director of School Education, 3.The Joint Director of School Education (Personnel), 4.The Member Secretary, Teachers Recruitment Board, College Road, Chennai - 600 006.
... Respondents 1/8
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, directing the respondents to appoint the petitioner as Secondary Grade Teacher on the basis of the Tamil Nadu Teacher Eligibility Test-2013 conducted by the fourth respondent and the certificate issued thereof vide Serial No.17210581 (Roll No.17TE24412238) and the certificate verification conducted by the fourth respondent, without resorting to any competitive examination as enumerated in G.O.(Ms)No.149, School Education (TRB) Department, dated 20.07.2018. For Petitioner : Mr.D.Shanmugaraja Sethupathi For R1 to R3 : Mr.N.Satheesh Kumar Additional Government Pleader For R4 : Mr.V.R.Shanmuganathan W.P(MD) No.621 of 2025:
P.Shanthirani ... Petitioner Vs.
1.The Secretary to Government, Department of School Education, Secretariat, St.George Fort, Chennai - 600 009.
2.The Director of School Education, 2/8
3.The Joint Director of School Education (Personnel), 4.The Member Secretary, Teachers Recruitment Board, College Road, Chennai - 600 006.
... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, directing the respondents to appoint the petitioner as Secondary Grade Teacher on the basis of the Tamil Nadu Teacher Eligibility Test-2013 conducted by the fourth respondent and the certificate issued thereof vide Roll No.13TE22104645 and weightage mark awarded on the basis of certificate verification conducted by the fourth respondent, without resorting to any competitive examination as enumerated in G.O. (Ms)No.149, School Education (TRB) Department, dated 20.07.2018. For Petitioner : Mr.D.Shanmugaraja Sethupathi For R1 to R3 : Mr.N.Satheesh Kumar Additional Government Pleader For R4 : Mr.V.R.Shanmuganathan 3/8
C O M M O N
O R D E R
The instant writ petitions have been filed by the aspirants to the post of Secondary Grade Teacher, seeking a mandamus to appoint them on the basis of pass in TET examination and certificate verification conducted by the fourth respondent, without resorting to any competitive examination as enumerated in G.O.Ms.No.149, School Education (TRB) Department, dated 20.07.2018.
2.A similar request was made by 400 aspirants in W.P.(MD)Nos.26084, 26133, 27571, 27807, 28291, 32081, 32218, 32698 and 35350 of 2023. The said issue was resolved by the Hon'ble Division Bench on 10.07.2024. So many aspirants had also sought to implead themselves in the said writ petition. The Hon'ble Division Bench in paragraph Nos.36 to 38 has held as follows:
"36. In view of the above discussion and findings, we are of the considered opinion that the writ petitioners are entitled to the reliefs sought herein. However, as stated earlier, this order is only restricted to these petitioners alone.
37.The petition in WMP No.7353 of 2024 in W.P.No.26133 of 4/8
2023, has been filed to implead the petitioners therein in the writ petition mentioned hereinabove, without stating in what capacity they seek to be impleaded, while making stray averments that they are similarly placed as the petitioners. Also, the said petition has been filed after the arguments were completed in the writ petitions and the counsel for the impleading petitioners was not able to answer any of the queries raised by this Court. Therefore, we are of the view that the impleading petition is throughly misconceived in law and the same deserves to be dismissed with exemplary costs. However, we refrain from imposing any costs. As such, this miscellaneous petition is dismissed.
38.In the result, all the writ petitions are allowed with a direction to the State Government to continue the process of appointment left midway in 2017, insofar as the petitioners are concerned and appoint them as Secondary Grade Teachers, or Graduate Assistants as the case may be, as expeditiously as possible, without causing any further delay, if they are otherwise eligible for appointment as per the eligibility criteria laid down by the NCTE, and to appoint them as teachers depending on their respective merit/ranking as per the weightage method and their TET scores, applying the rule of reservation accordingly. As these writ petitions were filed well before the recruitment notification dated 25.10.2023, number 5/8
of vacancies already advertised in the said recruitment notification or the present number of vacancies shall not be cited as a reason for not giving effect to the direction stated above.
3. In view of the categorical findings of the Hon'ble Division Bench, the present writ petitions by a fence-sitter is not maintainable. 4.With the above said observations, these Writ Petitions stand dismissed. There shall be no order as to costs. 09.01.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi 6/8
To 1.The Secretary to Government, Department of School Education, Secretariat, St.George Fort, Chennai - 600 009.
2.The Director of School Education, 3.The Joint Director of School Education (Personnel), 4.The Member Secretary, Teachers Recruitment Board, College Road, 7/8
R.VIJAYAKUMAR,J.
ebsi W.P(MD)Nos.620 and 621 of 2025 09.01.2025 8/8