R.Muthamil Selvi, v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.07.2019

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD)No.3575 of 2014 R.Muthamil Selvi ... Petitioner Vs.

1.The State of Tamilnadu Rep.By its Secretary to Government, School Education (TRB) Department, Secretariat, Chennai-9.

2.The Chairman, Teachers Recruitment Board, Chennai-6 3.The Director of School Education, Chennai-6.

4.The Director of Elementary Education, Chennai-6.

... Respondents PRAYER: Writ Petition under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to extend the benefit of the order passed by the 1st respondent vide G.O.Ms.No.25, School Education (TRB) Department, dated 06.02.2014 about the relaxation of 5% to the petitioner also.

For Petitioner : Mr.J.C. Rathnavel Pandian For Respondents-1,3 & 4 : Mrs. S. Srimathy Special Government Pleader For Respondent-2 : Mr.V.R. Shanmuganathan Special Government Pleader

ORDER

The relief sought for in the present writ petition is for a direction to direct the first respondent to extend the benefit of relaxation of 5% marks in the teachers eligibility test.

2. Admittedly, the writ petitioner participated in the examination conducted during the year 2012 for the Teachers Eligibility Test. The relaxation of 5% marks was granted by the Government only in the year 2013. The extension of time already https://hcservices.ecourts.gov.in/hcservices/

sought for by the respective candidates were rejected. The Hon'ble Supreme Court of India also upheld the Government Order issued in G.O.Ms.No.25, School Education (TRB) Department, dated 06.02.2014 and G.O. Ms. No.71 dated 13,05.2014. Accordingly, the Government Order was validated and the 5% of marks relaxation granted with effect from the year 2013 alone is upheld. Admittedly, the writ petitioner appeared in the examination held in the year 2012 and the Government has not granted any relaxation as far as the candidates who were appeared in the Teachers Eligibility Test in the year 2012. This being the factum, the relief sought for in the writ petition cannot be granted. Further, the Government order also already upheld by the Hon'ble Supreme Court of India.

3. Accordingly, the writ petition stands dismissed. No Costs.

Sd/- Assistant Registrar(AE) /TRUE COPY/ Sub Assistant Registrar To

1. The Secretary to Government, The State of Tamilnadu, School Education (TRB) Department, Secretariat, Chennai-9.

2.The Chairman, Teachers Recruitment Board, Chennai-6 3.The Director of School Education, Chennai-6.

4.The Director of Elementary Education, Chennai-6.

+1 CC to M/s.J.C.RATHNAVEL PANDIAN, Advocate ( SR-76078[F] dated 18/07/2019 ) W.P.(MD)No.3575 of 2014 16.07.2019 KSA/AM JM/26.07.2019/2P-6C https://hcservices.ecourts.gov.in/hcservices/