Arumugam R v. The Teachers Recruitment Board

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.08.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.27485 of 2023 and W.M.P(MD) No.23610 of 2023

1. R.Arumugam

2. Prabhakar

3. Ramar

4. Raja

5. P.Thangarajan

6. V.Nagendrapandian

7. S.Ravanan

8. D.Saravanakumar ... Petitioners Vs.

1. The Teachers Recruitment Board, Through its Secretary, Nungambakkam, Chennai - 600 006.

2. The Government of Tamilnadu, Represented by its Principal Secretary, School Education Department, Chennai.

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3. The National Counsel for Teachers Education, New Delhi.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for the records of the impugned Notification in Notification No.03/23 on the file of the first respondent dated 25.10.2023 and quash the same. For Petitioners : Mr.G.Prabhu Rajadurai For R1 : Mr.J.Ashok Additional Government Pleader For R2 : Mr.V.R.Shanmuganathan For R3 : Mr.S.V.Srinivasan

O R D E R

The present Writ Petition has been filed by 8 candidates seeking to quash the Notification issued by the Teachers Recruitment Board in Notification No.03/23, dated 25.10.2023, wherein 45% of the marks in the graduation has been prescribed as a minimum qualification. 2/5

2. Similar writ petitions were filed before the Principal seat of this Court, wherein, the learned Single Judge has dismissed all the writ petitions. The candidates preferred Writ Appeals in W.A.Nos.3366 of 2023, etc., batch cases before the Hon'ble Division Bench. The Hon'ble Division Bench, by its order dated 17.05.2024 has allowed the writ appeals with a direction to the Teachers Recruitment Board to consider the case of the candidates for appointment to the post of Graduate Teachers/B.T.Assistants, if they are otherwise eligible.

3. Based upon the judgment of the Hon'ble Division Bench, the Teachers Recruitment Board has considered the case of all the 8 writ petitioners herein, even though, they have not secured the minimum 45% of marks in their graduation. However, except the second petitioner, namely, Prabhakar all others have not come up within the zone of consideration.

4. In view of the above said facts, in so far as the second petitioner, namely, Prabhakar is concerned, this Writ Petition stands allowed. In respect of the other petitioners, this writ petition stands dismissed. 3/5

5. Accordingly, this Writ Petition stands partly allowed. There shall be no order as to costs. Consequently connected Miscellaneous Petition stands closed.

07.08.2024 NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi To

1. The Secretary, Teachers Recruitment Board, Nungambakkam, Chennai - 600 006.

2. The Principal Secretary, School Education Department, Chennai.

3. The National Counsel for Teachers Education, New Delhi.

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R.VIJAYAKUMAR,J.

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