R.Sheela Premkumari v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.10.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD)No.24230 of 2024 and W.M.P(MD)No.20500 of 2024 1.R.Sheela Premkumari 2.M.A.Salai Jeeva Manickkam 3.T.Thanalakshmi 4.G.Umamaheswari 5.S.Shanmugavalli 6.A.Kiruthiga 7.K.Subhalakshmi 8.S.Tamilinban 9.T.Sindhu 10.B.M.Premalatha 11.T.K.Rajkumar 12.V.Umamaheswari 13.P.Vijaya 14.J.Mary Machdaline Deepa 15.G.Vijaya 16.M.Nathiya 17.P.Sangeetha 18.S.Kalaiselvi 19.R.M.Indira 20.K.Rajalakshmi 21.S.Subitha 22.K.Shabi Mol 23.Mekala Kesavan 24.G.Maheswari 25.N.Tharani 26.K.R.P.Kulothungan 27.G.K.Thanigachalam 28.S.S.Indiragandhi 1/7
29.T.Lalitha 30.N.Vasanthi 31.S.Gladys Kiruba 32.R.Naveen Narendhiran 33.P.Kiruthiga 34.R.Parvathi 35.R.Priya 36.G.Kavitha 37.Gomathi 38.R.Sheela 39.A.Deepa 40.R.Udayapriya ... Petitioners Vs.
1.The State of Tamil Nadu, Rep. by its Principal Secretary to the Government, School Education Department, Fort St. George, Chennai - 600 009.
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
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PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a writ of Declaration, to declare that the petitioners herein are entitled to be appointed as Teachers (Secondary Grade / B.T. Assistants as the case may be), who were litigants before this Court and who have completed certificate verification in the year 2014, recruitment being made on the basis of TET marks and TET passed year seniority without resorting to any competitive examination as stated in G.O.(Ms)No.149, dated 20.07.2018, as a measure of equity and fairness, as well as on the foundation of the doctrine of promissory estoppels and legitimate expectation.
For Petitioners : Mr.R.Ravindran For Respondents : Mr.J.Ashok Additional Government Pleader for R1 to R4 Mr.V.R.Shanmuganathan Standing Counsel for R5 * * * * *
ORDER
The instant writ petition has been filed by the 41 petitioners, seeking declaration that they are entitled to be appointed as Secondary Grade/BT Assistants, pursuant to the marks secured by them in the TET examination without resorting to any competitive examination as stated in G.O.Ms.No.149, dated 20.07.2018.
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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 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.In the result, all the writ petitions are allowed with a direction to the State Government to continue the process of appointment 4/7
left midway in 2017, insofar as the petitioners are concerned and appoint them as Secondary Grade Teachers, or Graduate Assistants as the case may be, as expeditiously as possible, without causing any further delay, if they are otherwise eligible for appointment as per the eligibility criteria laid down by the NCTE, and to appoint them as teachers depending on their 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-sitters is not maintainable. 4.With the above said observations, this writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is also closed. 16.10.2024 2/2 NCC : Yes/No Index : Yes / No Internet : Yes / No RJR 5/7
To 1.The Principal Secretary to the Government, School Education Department, Fort St. George, Chennai - 600 009.
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.The Member Secretary, Teachers Recruitment Board(TRB), 4th Floor, DPI Campus, College Road, Chennai - 600 006.
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R.VIJAYAKUMAR, J.
RJR W.P.(MD)No.24230 of 2024 16.10.2024 2/2 7/7