Madras High Court
R.Vasantha vs The Chief Secretary on 27 September, 2022
Author: G.R.Swaminathan
Bench: G.R.Swaminathan
W.P.(MD)No.22204 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 27.09.2022
CORAM
THE HON'BLE MR.JUSTICE G.R.SWAMINATHAN
W.P.(MD)Nos.22204, 21490, 22281, 22279,
22280, 21305 & 21823 of 2022
and
W.M.P(MD)Nos.16384, 16387, 15641, 15642,16462,
16463, 16464, 16465, 16466, 16467,15451, 15453,
15454, 15993, 15995 & 15997 of 2022
W.P.(MD)No.22204 of 2022:
R.Vasantha ... Petitioner
Vs
1.The Chief Secretary,
Government of Tamil Nadu,
Fort St.George, Chennai – 600 009.
2.The Secretary to Government of Tamil Nadu,
Department of School Education,
Fort St.George, Chennai – 600 009.
3.The Secretary to Government of Tamil Nadu,
Department of BC/MBC/DNC and Minorities Welfare,
Fort St.George, Chennai – 600 009.
4.The Chairman,
Teachers Recruitment Board,
3rd and 4th Floor of Purachithalaivar MGR Building,
DPI Campus, College Road,
Chennai – 600 006. ... Respondents
https://www.mhc.tn.gov.in/judis
1/5
W.P.(MD)No.22204 of 2022
Prayer: Writ Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Certiorari, quashing the provisional selection list of
candidates for the subject History notified on 10.09.2022 and lists of candidate
notified on 28.8.2022 by Teacher Recruitment Board (TRB) in their official
Website calling for certificates verification for the direct recruitment for the
post of Post Graduate Assistants/ Physical Education Directors
Grade-1/Computer Instructor Grade I in School Education and other
Departments for the year 2020-2021 with trifurcation of MBC candidates as
MBC(V), MBC/DNC and MBC is arbitrary, illegal and ultra virus of
fundamental rights guarenteed under Article 14, 15 and 16 of the Constitution
of India.
For Petitioner : Mr.P.M.Vishnuvarthanan
For Respondents : Mr.S.Shaji Bino
Special Government Pleader
for R.1 to R.3
Mr.V.R.Shanmuganathan
Standing Counsel for R.4
COMMON ORDER
Heard the learned counsel on either side.
2. The issue raised in all these writ petitions is that the Teachers Recruitment Board (TRB) has applied 10.5% vertical reservation for MBC (Vanniyakula Shatriya). It is pointed out that this reservation was put to https://www.mhc.tn.gov.in/judis 2/5 W.P.(MD)No.22204 of 2022 challenge in W.P(MD)No.15679 of 2021 etc., batch and the Hon'ble Division Bench of this Court struck down the said reservation as unconstitutional. Civil Appeal No.2600 of 2022 was filed before Hon'ble Supreme Court questioning the said judgment. It was also dismissed on 31.03.2022.
3.The learned counsel appearing for the writ petitioners assert that notwithstanding the striking down of the 10.5% reservation for the MBC (Vanniyakula Shatriya), the Teachers Recruitment Board has been implementing the same in respect of the petition mentioned selection process.
4.Notice was ordered and in response to the same, the learned Standing Counsel for TRB relying on the instructions given to him vide R.C.No. 2280 of 2022 dated 27.09.2022 asserts that the Board has not trifurcated the MBC reservation and that they had followed 20% reservation for the entire MBC/DNC category. In other words, TRB while conducting the petition mentioned selection has borne in mind the judgment of this Court as well as the Hon'ble Supreme Court striking down the 10.5% reservation. This submission made by the learned Standing Counsel on instructions is recorded. https://www.mhc.tn.gov.in/judis 3/5 W.P.(MD)No.22204 of 2022
5.These writ petitions are disposed of accordingly. Consequently, connected miscellaneous petitions are closed. No costs.
27.09.2022
Index : Yes / No
Internet : Yes/ No
mga
To
1.The Chief Secretary,
Government of Tamil Nadu,
Fort St.George, Chennai – 600 009.
2.The Secretary to Government of Tamil Nadu, Department of School Education, Fort St.George, Chennai – 600 009.
3.The Secretary to Government of Tamil Nadu, Department of BC/MBC/DNC and Minorities Welfare, Fort St.George, Chennai – 600 009.
4.The Chairman, Teachers Recruitment Board, 3rd and 4th Floor of Purachithalaivar MGR Building, DPI Campus, College Road, Chennai – 600 006.
https://www.mhc.tn.gov.in/judis 4/5 W.P.(MD)No.22204 of 2022 G.R.SWAMINATHAN, J.
mga W.P.(MD)Nos.22204, 21490, 22281, 22279, 22280, 21305 & 21823 of 2022 27.09.2022 https://www.mhc.tn.gov.in/judis 5/5