D.Ruby Auxilia, v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.09.2024

CORAM

THE HON'BLE MR.JUSTICE ABDUL QUDDHOSE and W.M.P.(MD)No.22918 of 2018 D.Ruby Auxilia : Petitioner Vs.

1.The State of Tamil Nadu, Represented by the Principal Secretary, School Education (T.R.B) Department, Secretariat, Fort St. George, Chennai - 06.

2.The Director of School Education, Directorate of School Education, DPI Campus, Chennai - 06.

3.The Chairman, Teachers Recruitment Board, EVK Sampath Maligai, DPI Compound, College Road, Chennai - 06.

: Respondents 1/6

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order in G.O.(Ms).No.149, School Education (T.R.B.) Department dated 20.07.2018, on the file of the first respondent and quash the same as illegal to the extent of not providing any preference for seniority in acquiring TET and consequently to direct the respondents to provide preference for seniority in acquiring TET in the recruitment to the post of B.T. Assistants or make TET once passed to be valid life-long within the time stipulated by this Court.

For Petitioner : Mr.S.Louis For Respondents 1 & 2 : Mr.T.Amjad Khan Government Advocate For Respondent No.3 : Mr.VR.Shanmuganathan Standing Counsel

O R D E R

This Writ Petition has been filed challenging the impugned Government Order in G.O.(Ms).No.149, School Education (T.R.B.) Department dated 20.07.2018.

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2.The learned Standing Counsel appearing for the Teachers Recruitment Board [third respondent] has placed on record G.O.(Ms).No.147 [School Education (T.R.B.) Department] dated 22.08.2023 and placing reliance on the same would submit that the grievance of the petitioner as sought for in this Writ Petition has been addressed through the said Government Order and therefore, nothing survives for further adjudication in this Writ Petition. 3.Learned Counsel for the petitioner though would admit the same but would submit that similarly placed persons as that of the petitioner were granted such benefit by the Division Bench of this Court in the Principal Seat in W.P.No.26084 of 2023 etc., batch vide order dated 10.07.2024 in respect of the consequential prayers sought for by them in the said Writ Petitions. However, he would admit that in this Writ Petition, the same consequential prayer was not sought for.

4.Admittedly, the grievance of the petitioner has now been redressed insofar as this petitioner is concerned through G.O.(Ms).No.147 [School Education (T.R.B.) Department] dated 22.08.2023, placed on record by the learned Standing Counsel for the third respondent Board. If the petitioner has any further grievance to be redressed in the light of the judgment rendered by 3/6

the Division Bench of this Court in the Principal Seat in W.P.No. 26084 of 2023 etc., batch dated 10.07.2024, his remedy is only to file appropriate proceedings in the said writ petitions even though they have already been disposed of and it has been made clear in the said decision that the said benefit is given only to the petitioners therein. 5.While disposing of this Writ Petition based on the fact that the grievance of the petitioner in this Writ Petition has been addressed through G.O.(Ms).No.147 [School Education (T.R.B.) Department] dated 22.08.2023, liberty is granted to the petitioner to file appropriate proceedings in accordance with law in W.P.No. 26084 of 2023 etc., batch, which has already been disposed of on 10.07.2024 by the Division Bench of this Court in the Principal Seat. 6.In the result, this Writ Petition stands disposed of. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.

02.09.2024 Index :Yes / No Internet : Yes / No NCC : Yes/No MR 4/6

To 1.The Principal Secretary, State of Tamil Nadu, School Education (T.R.B) Department, Secretariat, Fort St. George, Chennai - 06.

2.The Director of School Education, Directorate of School Education, DPI Campus, Chennai - 06.

3.The Chairman, Teachers Recruitment Board, EVK Sampath Maligai, DPI Compound, College Road, Chennai - 06.

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ABDUL QUDDHOSE , J.

MR 02.09.2024 6/6