P.Balamurugan v. State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Reserved On : 01.08.2025 Pronounced On : 22.08.2025
CORAM:
THE HONOURABLE DR. JUSTICE A.D. MARIA CLETE W.P. (MD) No.17896 of 2018 and W.M.P(MD)Nos.15768 & 15769 of 2018
1. P.Balamurugan, S/o.G.Palani, No. 52, Muniyandi Street, Chinnapuliyampatti, Aruppukottai, Virudhunagar - 626 101.
2.S.Sumathi, W/o.N.Krishnan, 12, Nethaji Cross Street, Kila Mela Veethi, Chockalingapuram, Aruppukottai, Virudhunagar - 626 101.
3.P.Panjavarnam, D/o.G.Palani, No.52, Muniyandi Street, Chinnapuliyampatti, Aruppukottai, Virudhunagar - 626 101.
... Petitioners Vs.
1. State of Tamil Nadu, Rep by its Principal Secretary, School Education Department, Secretariat, Fort.St.George, Chennai - 600 009.
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2. The Chairman, Teachers Recruitment Board, 4th Floor, EVK Sampath Maaligai, DPI Campus, College Road, Chennai - 600 006.
3. The Member Secretary, Teachers Recruitment Board, 4th Floor, EVK Sampath Maaligai, DPI Campus, College Road, Chennai - 600 006.
4. The Director of School Education, O/o. the Director of School Education, DPI Campus, College Road, Chennai - 600 006.
... Respondents PRAYER in W.P.:
To issue a Writ of Declaration to declare the Impugned Selection List of the Direct Recruitment of Special Teachers (Drawing) in School Education and other Departments, for the years 2012 to 2016 uploaded in the Official Website of the 3rd Respondent as illegal in so far as not shortlisting the PSTM Category candidates in the ratio of 1:2 in violation of the Prospectus/Notification dated 26.07.2017 issued by the Respondent No.3 and consequently for a direction, directing the Respondents to invite the Petitioner to the Certificate Verification under the PSTM Category based on the marks secured by the Petitioners in the Written Examination and appoint the Petitioners in the post of Special Teacher (Drawing) within the time period stipulated by this Hon'ble Court and pass any further or other orders as this Hon'ble Court may deem fit under the circumstances of the case and thus render Justice. 2/7
PRAYER in WMP(MD)No.15768 of 2018:
To pass an order of interim direction, directing the respondents to keep 3 Special Teachers (Drawing) posts reserved for Person studied in Tamil Medium as vacant pending disposal of the writ petition and thus render justice.
PRAYER in WMP(MD)No.15769 of 2018:
To pass an order of interim injunction restraining the respondents from filling up the Special Teachers (Drawing) posts reserved for PSTM category by way of accommodating Non-PSTM category candidates, pending disposal of the writ petition and thus render justice. APPEARANCE OF PARTIES:
For Petitioners : Mr.Rithik Sushil, Advocate for M/s. Lajapathi Roy Associates For Respondents : Mr.T.Amjad Khan, Government Advocate
J U D G M E N T
Heard.
2. The three petitioners in this writ petition seek a declaration that the selection conducted by the Teachers Recruitment Board (TRB) for the post of Special Teachers (Drawing) in the School Education Department, through direct recruitment for the years 2012-2016, is illegal insofar as it failed to shortlist candidates under the PSTM (Persons Studied in Tamil Medium) category, in violation of the earlier 3/7
notification dated 26.07.2017. They also seek a consequential direction to the authorities to invite them for certificate verification.
3. The writ petition was admitted on 13.08.2018. Pursuant to notice, a counter affidavit dated Nil, October 2024 was filed on behalf of the 2nd and 3rd respondents. In paragraphs 15 and 18 of the said counter affidavit, the following averments were made: "15. ...the eligible cut off marks to be called for Certificate Verification for the subject Drawing for BC W T is 40 marks, MBC/DNC G T is 51 marks and MBC/DNC WT is 44 marks. The 2nd petitioner and the 3rd petitioner were placed in the list of candidates called for Certificate Verification on 12.10.2021. Since, the 1st petitioner had secured only 40 marks which was not within the zone of cut off marks (51 marks); he was not called for Certificate Verification.
18. It is submitted that the Board conducted the Certificate Verification on 23.10.2021, 24.10.2021 and 19.04.2022. The Board after scrutinization of the relevant PSTM category certificates of the candidates called for Certificate Verification, the Board would select the eligible candidates for the post of Special Teacher (Drawing - 27 PSTM vacancies) and would publish the Revised Provisional Selection List which shall be forwarded to the User Department (School Education Department)."
4. The petitioners placed strong reliance on another writ petition filed by the petitioners and four other individuals seeking similar relief in W.P.(MD) No.10483 of 2018, S. Gnanamani and 6 others vs. State of 4/7
Tamil Nadu, which had already been disposed of on 11.06.2018, wherein the Court recorded the statement made by the TRB as reflected in paragraph 11 of the judgment, which reads as follows: "11. In view of the above instructions now given by the Teachers Recruitment Board, the apprehension lingering in the mind of the petitioners are erased, as certainly, the Tamil category students would be shortlisted, based on the performance and the marks obtained in the written examination conducted on 23.09.2017 and accordingly, the candidates would be shortlisted under 20% special reservation for Tamil Medium students and on such shortlisting process, if the petitioners come within the zone of consideration, based on their marks to be obtained in the written examination, certainly, the candidature of the petitioners would also be considered and called for certificate verification"
5. In view of the counter filed by the respondents, there is no merits in the writ petition. Accordingly, the writ petition stands dismissed. However, there shall be no order as to costs. Consequently, the connected WMPs are closed.
22.08.2025 Index: Yes / No Speaking Order / Non-speaking Order LS 5/7
Copy to:
1. State of Tamil Nadu, Rep by its Principal Secretary, School Education Department, Secretariat, Fort.St.George, Chennai - 600 009.
2. The Chairman, Teachers Recruitment Board, 4th Floor, EVK Sampath Maaligai, DPI Campus, College Road, Chennai - 600 006.
3. The Member Secretary, Teachers Recruitment Board, 4th Floor, EVK Sampath Maaligai, DPI Campus, College Road, Chennai - 600 006.
4. The Director of School Education, O/o. the Director of School Education, DPI Campus, College Road, Chennai - 600 006.
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DR. A.D. MARIA CLETE, J.
LS Pre-delivery Judgment made in W.P. (MD) No.17896 of 2018 22.08.2025 7/7