R.Thangadurai v. The Principal Secretary To The Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.07.2025
CORAM:
THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH R.Thangadurai ... Petitioner -vs1.The Principal Secretary to the Government, School Education Department, Secretariat, Chennai - 9.
2.The Chairman, Teachers Recruitment Board, 3rd Floor, Puratchi Thalaivar Dr.MGR Centenary Building, DPI Campus, College Road, Chennai - 6.
3.The Member Secretary (School Education), Teachers Recruitment Board, 3rd Floor, Puratchi Thalaivar Dr.MGR Centenary Building, DPI Campus, College Road, Chennai - 6.
4.The Director of School Education, DPI Campus, Chennai -6.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 2 and 4 to operate the reserve list and grant appointment to the petitioner in the post of Special Teacher
(Music) in pursuance to the Revised Provisional Selection List issued by the second respondent dated 20.03.2025, within the time stipulated by this Court. For Petitioner : Mr.T.Aswin Raja Simman For R1 and R4 : Mr.M.Siddharthan Additional Government Pleader For R2 and R3 : Mr.T.Amjadkhan Government Advocate
ORDER
This Writ Petition is filed seeking a direction to the respondents 2 and 4 to operate the reserve list and grant appointment to the petitioner to the post of Special Teacher (Music), pursuant to the Revised Provisional Selection List issued by the second respondent dated 20.03.2025, within a time frame to be stipulated by this Court.
2. By consent, this Writ Petition is taken up for final disposal at the admission stage itself.
3. According to the petitioner, he is fully qualified for the post of Special
Teacher (Music), having completed SSLC, Higher Secondary Course, Bachelor of Arts in Music and possessing a valid Technical Teachers Certificate. Pursuant to the Notification dated 26.07.2017, issued by the second respondent, the petitioner applied for the post of Special Teacher (Music). In 2019, the Teachers Recruitment Board (TRB) filled 81 vacancies, leaving two vacancies unfilled. Subsequently, a Revised Provisional Selection List dated 12.10.2021 was published, in which the petitioner's name appeared at Serial No. 2. While most of the candidates in the Revised Provisional Selection List were appointed, the petitioner and another candidate were left out. Aggrieved, the petitioner submitted detailed representations dated 28.11.2022 and 03.02.2025, but no action was taken. Hence, the petitioner filed W.P.(MD) No.3965 of 2025 before this Court. When the said writ petition was pending before this Court, the second respondent issued another Revised Selection List dated 20.03.2025, in which the petitioner's name was omitted.
4. The petitioner contends that three candidates from the revised list did not join duty and two of them belong to the same communal category as that of the petitioner. Therefore, the respondents are duty bound to operate the reserve list
and consider the petitioner for appointment. In this regard, the petitioner submitted a further representation dated 16.06.2025 requesting appointment from the reserve list, but the same was not considered by the respondents. Inaction on the part of the respondents has caused severe hardship to the petitioner and the failure to operate the reserve list amounts to denial of legitimate opportunity. The petitioner, having no other effective or alternative remedy, is constrained to approach this Court seeking a direction to the respondents to operate the reserve list and appoint him to the post of Special Teacher (Music).
5. The learned counsel appearing for the petitioner submits that the petitioner may be permitted to submit a fresh representation detailing all his grievances to the fourth respondent and that the same may be directed to be considered in accordance with law, within a time frame to be fixed by this Court.
6. Heard both sides.
7. Considering the above said facts and circumstances of the case, this Writ
Petition is disposed of, with a direction to the petitioner to submit a fresh representation outlining his grievances to the fourth respondent, within a period of two weeks from the date of receipt of a copy of this order. Upon receipt of such representation, the fourth respondent shall consider it on merits and pass appropriate orders in accordance with law, within four weeks thereafter. There shall be no order as to costs. It is also made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the fourth respondent to consider the same on its own merits. No costs. NCC : Yes / No 03.07.2025 Index : Yes / No smn2 To:- 1.The Principal Secretary to the Government, School Education Department, Secretariat, Chennai - 9.
2.The Chairman, Teachers Recruitment Board, 3rd Floor, Puratchi Thalaivar Dr.MGR Centenary Building, DPI Campus, College Road, Chennai - 6.
3.The Member Secretary (School Education),
Teachers Recruitment Board, 3rd Floor, Puratchi Thalaivar Dr.MGR Centenary Building, DPI Campus, College Road, Chennai - 6.
4.The Director of School Education, DPI Campus, Chennai -6.
VIVEK KUMAR SINGH , J.
smn2 03.07.2025