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Madras High CourtWP(MD)/19252/2024dismissed

Regunath v. The State Of Tamilnadu

2024-08-12Honourable Mr Justice R.Vijayakumar6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.08.2024

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR Regunath ... Petitioner vs 1.The State of Tamil Nadu, Rep. by it Principal Secretary to Government, School Education Department, Fort St. George, Chennai.

2.The Commissioner of School Education, Directorate of School Education, DPI Campus, College Road, Chennai - 600 006.

3.The Joint Director of School Education(Personnel), DPI Campus, College Road, Chennai - 600 006.

4.The Director of School Education, Directorate of School Education, DPI Campus, College Road, Chennai - 600 006.

5.Teachers Recruitment Board(TRB), Rep. by its Member Secretary, 4th Floor, DPI Campus, College Road, Chennai - 600 006.

... Respondents 1/6

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, directing the respondents Nos.1 to 3 exam scheme awarded to the petitioners in August 2013 by the 3rd respondent in Roll No. 13TE20206768 and TET passed year seniority without resorting to any competitive examination as in G.O.No.149, School Education Department dated 20.07.2018 and as per the order passed by this Court in W.P.No.26084 of 2023 dated 10.07.2024.

For Petitioner : Mr.C.Ezhilarasu For Respondents : Mr.J.Ashok Additional Government Pleader for R1 to R4 Mr.V.R.Shanmuganathan for R5 * * * * *.

ORDER

The instant writ petition has been filed by an aspirant to the post of B.T.Assistant, seeking a mandamus directing the Respondent Nos.1 to 3, herein to consider the seniority on the basis of pass in TET Examination and appoint him.

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 2/6

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 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.

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 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 petition by a fence-sitter is not maintainable. 4.With the above said observations, this writ petition stands dismissed. No costs.

12.08.2024 NCC : Yes/No Index : Yes/No Internet: Yes/No RJR 4/6

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

2.The Commissioner of School Education, Directorate of School Education, DPI Campus, College Road, Chennai - 600 006.

3.The Joint Director of School Education(Personnel), DPI Campus, College Road, Chennai - 600 006.

4.The Director of School Education, Directorate of School Education, DPI Campus, College Road, Chennai - 600 006.

5.Teachers Recruitment Board(TRB), Rep. by its Member Secretary, 4th Floor, DPI Campus, College Road, Chennai - 600 006.

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R.VIJAYAKUMAR , J.

RJR 12.08.2024 6/6