Madras High CourtWA(MD)/233/2020dismissed

R.Prema Chellathai v. The State Of Tamil Nadu

2023-10-11Honourable Mr Justice S.M. Subramaniam,Honourable Mr Justice V. Lakshminarayanan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.10.2023

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HON'BLE MR.JUSTICE V.LAKSHMINARAYANAN and C.M.P.(MD).No.1612 of 2020 R.Prema Chellatthai .. Appellant/Petitioner Vs.

1.The State of Tamil Nadu, Represented by its Secretary, Department of School Education, Fort St.George, Chennai - 600 009.

2.The Director of School Education, College Road, Chennai - 600 006.

3.Teachers Recruitment Board, Represented by its The Chairman, 4th Floor, EVK Sampath Maligai, DPI Compound, College Road, Chennai - 600 006.

..Respondents/Respondents

PRAYER: Writ Appeal filed under Clause 15 of Letters Patent, praying to set aside the order dated 21.03.2014 in W.P.(MD).No.5027 of 2014 on the file of the Court and allow the Writ Petition with cost. For Appellant : Mr.Ragatheesh Kumar for M/s.Isaac Chambers For R-1 & R-2 : Mr.D.Sadiq Raja Additional Government Pleader For R-3 : Mr.V.R.Shanmuganathan

JUDGMENT

(Judgment of the Court was delivered by S.M.SUBRAMANIAM,J.) The order under challenge before us, dismissing the Writ Petition on the ground that the issues pertaining to grant of relaxation of 5% of marks to the candidates, who have written the Teachers Eligibility Test examination before August 2013, is no more res integra. The learned Single Judge, referring the earlier order of dismissal made in W.P.(MD).No.4133 of 2014 dated 07.03.2014, dismissed the present Writ Petition, which is under challenge in the Writ Appeal before us.

2. Since the relaxation of 5% of marks was made as an one time arrangement in respect of the Teachers Eligibility Test examination conducted before August 2013, the said benefits cannot be now extended by this Court by exercising the powers of judicial review, more so, after a lapse of ten years.

3. Accordingly, the Writ Appeal stands dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petition stands closed.

(S.M.S.,J.) (V.L.N.,J.) 11.10.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No Lm

To 1.The Secretary, The State of Tamil Nadu, Department of School Education, Fort St.George, Chennai - 600 009.

2.The Director of School Education, College Road, Chennai - 600 006.

3.The Chairman, Teachers Recruitment Board, 4th Floor, EVK Sampath Maligai, DPI Compound, College Road, Chennai - 600 006.

S.M.SUBRAMANIAM,J.

and V.LAKSHMINARAYANAN,J.

Lm 11.10.2023