M. Santhi, v. The Government Of Tamil Nadu,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:28.07.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR AND THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.P(MD)NO.92 of 2013 Santhi :Petitioner .vs.

1.The Government of Tamil Nadu, represented by its Principal Secretary, Department of School Education, Fort St.George, Chennai - 600 009.

2.The Director of School Education, College Road, Nungambakkam, Chennai - 600 006.

3.The Teachers Recruitment Board, represented by its Chairman, College Road, Chennai - 600 006.

: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of declaration declaring that making the qualification of UG in Tamil as mandatory for the post of Post Graduate Assistant(Tamil) in Entry 3 of Annexure to the Special Rules for the Tamil Nadu Higher Secondary Education Services is void as being inconsistent with Article 14 of the Constitution of India.

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For Petitioner :Mr.R.Subramanian For Respondents :Mr.D.Sadiq Raja 1 and 2 Addl. Govt.Pleader For Respondent-3 :Mr.VR.Shanmuganathan

O R D E R

********* (Order of the Court was made by S.S.SUNDAR,J) This Writ Petition is filed seeking issuance of a Writ of declaration declaring that making the qualification of UG in Tamil as mandatory for the post of Post Graduate Assistant(Tamil) in Entry 3 of Annexure to the Special Rules for the Tamil Nadu Higher Secondary Education Services is void as being inconsistent with Article 14 of the Constitution of India.

2.Heard the learned counsel appearing on either side and perused the materials placed before this Court. 3.The only ground raised by the Petitioner is to the rule making the qualification of UG in Tamil as mandatory for the post of Post Graduate Assistant(Tamil) in Entry 3 of Annexure to the Special Rules for the Tamil Nadu Higher Secondary Education Services. 2/5

4.We are not inclined to appreciate the arguments advanced by the learned counsel for the Petitioner on the ground of discrimination by applying Article 14 of the Constitution of India, since new rule came into operation by recent enactment.The Petitioner has questioned only the rule and not the decision of the individual.Therefore, this Court is unable to find any merit in the Writ Petition and as such, the Writ Petition is devoid of merits. 5.In view of the same, the Writ Petition stands dismissed. No costs.

[S.S.S.R.,J.] [D.B.C,J.] 28.07.2023 Index:Yes/No Internet:Yes/No NCC:Yes/No vsn To 1.The Principal Secretary, Department of School Education, Government of Tamil Nadu, Fort St.George, Chennai - 600 009.

2.The Director of School Education, 3/5

College Road, Nungambakkam, Chennai - 600 006.

3.The Chairman, Teachers Recruitment Board, College Road, Chennai - 600 006.

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S.S.SUNDAR, J.

AND D.BHARATHA CHAKRAVARTHY,J.

vsn 0RDER MADE IN W.P(MD)NO.92 of 2013 28.07.2023 5/5