Madras High CourtWP(MD)/18973/2014dismissed

R. Pushpa Latha, v. The State Of Tamil Nadu

2017-07-31Honourable Mr Justice T.Raja2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.07.2017 CORAM :

THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD)Nos.18973 to 18977 of 2014 and W.M.P(MD)Nos.1, 2, 3, 1, 2, 3, 1, 2, 3, 1, 2, 3, 1, 2, 3 of 2014 W.P.(MD)No.18973 of 2014 to W.P.(MD)No.18977 of 2014 R.Pushpa Latha ... Petitioner in W.P.(MD)No.18973 of 2014 T.Mary Latha ... Petitioner in W.P.(MD)No.18974 of 2014 M.Lilly Rani ... Petitioner in W.P.(MD)No.18975 of 2014 N.Saroja ... Petitioner in W.P.(MD)No.18976 of 2014 A.D.Suja Humzamalar ... Petitioner in W.P.(MD)No.18977 of 2014 Vs.

1. The State of Tamil Nadu, Rep. by its Principal Secretary to Government, School Education Department, Fort St. George, Chennai - 9.

2. The Chairman, Tamil Nadu Teachers Recruitment Board, E.V.K. Sampath Maligai, D.P.I. Compound, Chennai.

... Respondents in WPs.

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the impugned Government order issued by the 1st respondent vide G.O.(Ms).No.252 School Education (Q) Department dated 05.10.2012 and the consequential order issued by the first respondent vide his proceedings G.O.(Ms).71, dated 30.05.2014 School Education (TRB) Department and quash the same as illegal and consequently to direct the respondents to recruit the Secondary Grade Teachers on the basis of the marks obtained in the Teachers Eligibility Test and employment seniority.

For Petitioner : Mr.A.Arun Prasad For Respondent No.1 : Mr.D.Muruganantham, Additional Government Pleader For Respondent No.2 : Mr.V.R.Shanmuganathan, Special Government Pleader (In all Writ Petitions) https://hcservices.ecourts.gov.in/hcservices/

COMMON ORDER ********************* By consent of both sides, this writ petition itself is taken up for final disposal.

2.The validity of G.O.(Ms).No.252 School Education (Q) Department dated 05.10.2012 was quashed by the learned Single Judge. Pursuant to that order, the Government issued a modified G.O.(Ms).No.71, School Education (TRB) Department dated 30.05.2014 School Education (TRB) Department, which was upheld by the Hon'ble Division Bench of the High Court of Madras in W.A.No.1031 of 2014 dated 22.09.2014. It was further upheld by the Hon'ble Apex Court in the case of V.Lavanya and others Vs. the State of Tamil Nadu and others in Civil Appeal No.10700 of 2016 dated 09.11.2016. Therefore, the writ petitions challenging the correctness of G.O. (Ms).No.252 School Education (Q) Department dated 05.10.2012, are liable to be dismissed.

3.Accordingly, these writ petitions are dismissed. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar To

1. The Principal Secretary to Government, State of Tamil Nadu, School Education Department, Fort St. George, Chennai - 9.

2. The Chairman, Tamil Nadu Teachers Recruitment Board, E.V.K. Sampath Maligai, D.P.I. Compound, Chennai.

+1cc to Spl.Government Pleader Sr.No. 69296 MR/MRN VB/KK/SAR2/30/10/2017/2P/4C W.P.(MD)Nos.18973 to 18977 of 2014 31.07.2017 https://hcservices.ecourts.gov.in/hcservices/