Madras High Court
S.Murugeswari vs The Secretary To The Government on 31 July, 2017
Author: T.Raja
Bench: T.Raja
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.07.2017 CORAM THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD)Nos.11202 of 2014, 12224, 12776, 12884, 13365, 13366, 13516, 13571, 13572, 13573, 13578, 14063, 14134, 14304, 14306, 14438, 14439, 14466, 14468, 14469, 14497, 14631, 14770, 14782, 14800, 14837, 14903, 14916, 14955, 14987, 15032, 15033, 15034, 15035, 15077, 15078, 15136, 15140, 15141, 15166, 15197, 15230, 15247, 15383, 15524, 16203, 16382, 16402, 16525, 16605, 16637, 16716, 16787, 16913, 17021, 17167, 17168, 17171, 17196, 17849, 18263, 18415, 18621, 3561, 13633, 13662, 13768, 14098, 14326, 14415, 14483, 14500, 14526, 16804 and 16880 of 2014 and W.M.P(MD)Nos.1, 2, 1, 1, 2, 3, 1, 2, 3, 4, 1, 1, 1, 2, 1, 1, 1, 1, 2, 1, 2, 3, 1, 1, 2, 3, 1, 2, 1, 2, 1, 2, 1, 2, 1, 2, 1, 2, 1, 1, 2, 1, 3, 2, 1, 2, 1, 2, 3, 1, 1, 2, 3, 1, 2, 1, 1, 2, 3, 1, 1, 1, 2, 2, 2, 1, 1, 2, 2, 1, 2, 3, 1, 2, 1, 2, 3, 1, 2, 1, 2, 3, 1, 2, 1, 2, 1, 2, 3, 1, 2, 1, 2, 3, 1, 1, 2, 1, 2, 1, 2, 1, 2, 1, 2, 2, 3, 4, 2, 3, 4, 1, 1, 2, 2, 1, 2, 3, 1, 2, 3, 1, 2, 1, 1, 2, 1, 2, 1, 1, 1, 2, 1, 1, 2, 3, 1, 2, 3, 1, 2, 2, 3, 4, 1, 2, 1, 2, 3, 1, 2, 1, 2, 3, 1, 2, of 2014 W.P.(MD)No.11202 of 2014 S.Murugeswari ... Petitioner Vs. 1.The Secretary to the Government, School Education (T.R.B. Department), Fort St. George, Chennai. 2.The Chairman, Tamil Nadu Teachers Recruitment Board, 4th Floor, E.V.K. Sampath Maligai, College Road, Chennai. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order passed by the first respondent in G.O.(Ms).No.71, School Education TRB Department dated 30.05.2014 and quash the same in so far as petitioner alone and consequently direct the respondents to publish the results of the petitioner as per the selection process completed in accordance with G.O.(Ms).No.252, School Education Q Department dated 05.10.2012, issued by the first respondent and consequently appoint the petitioner as Secondary Grade Teacher. !For Petitioner : Mr.Veerakathiravan ^For Respondent No.1 : Mr.V.R.Shanmuganathan, Special Government Pleader For Respondent No.2 : Mr.D.Muruganantham, Additional Government Pleader (In all Writ Petitions) :COMMON ORDER
By consent of both sides, this writ petition itself is taken up for final disposal.
2.All these batch of writ petitions have been filed challenging the validity of G.O.(Ms).No.25, School Education (TRB) Department dated 06.02.2014 and G.O.(Ms).No.71, School Education (TRB) Department dated 30.05.2014.
3.Mr.V.R.Shanmuganathan, learned Special Government Pleader appearing for the respondents in all the writ petitions requested this Court to dismiss all the writ petitions in the light of the judgment pronounced by the Hon'ble Apex Court in the case of V.Lavanya and others Vs. the State of Tamil Nadu and others in Civil Appeal No.10700 of 2016 dated 09.11.2016, wherein, the Madras High Court's judgment in W.A.No.1031 of 2014 dated 22.09.2014, was confirmed holding that the order of the Madurai Bench of Madras High Court in quashing G.O.(Ms).No.25, School Education (TRB) Department dated 06.02.2014 is liable to be set aside and accordingly, it was set aside.
4.Whereas, it is also held that the Principal Bench vide judgment dated 22.09.2014 in W.A.(MD)No.1031 of 2014 has rightly rejected the challenge to G.O.(Ms).No.25, School Education (TRB) Department dated 06.02.2014 and G.O.(Ms).No.71, School Education (TRB) Department dated 30.05.2014, holding that as per the NCTE Guidelines, the State Government has the power to grant relaxation and marks obtained in the Teacher's Eligibility Test for the candidates belonging to reserved category.
5.In view thereof, since the correctness of G.O.(Ms).No.25, School Education (TRB) Department dated 06.02.2014 and G.O.Ms.No.71, School Education (TRB) Department dated 30.05.2014 was upheld, all the writ petitions are dismissed. No costs. Consequently, connected Miscellaneous Petitions are closed.
To
1.The Secretary to the Government, School Education (T.R.B. Department), Fort St. George, Chennai.
2.The Chairman, Tamil Nadu Teachers Recruitment Board, 4th Floor, E.V.K. Sampath Maligai, College Road, Chennai.
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