Madras High Court
K.Sahadevan vs The State Of Tamilnadu on 1 August, 2017
Author: T.Raja
Bench: T.Raja
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.08.2017 CORAM THE HONOURABLE MR.JUSTICE T.RAJA W.P(MD)No.14083 of 2014 to 14087 of 2014, 14239/2014,14724/2014, 14835/2014, 15148/2014, 15182/2014, 15237/2014, 15241/2014,16536/2014, 16565/2014, 17245/2014, 18163/2014, 18164/2014 and 18192 to 18207/2014 and M.P.Nos.1/2014 in W.P.No.14239/2014, 1 and 2/2014 in W.P.No.14724/2014, 2 to 4/2014 in W.P.No.14835/2014, 2/2014 in W.P.No.15148/2014, 2 and 3/2014 in W.P.No.15241/2014, 1 and 2/2014 in W.P.No.16536/2014, 1 to 3 /2014 in W.P.No.16565/2014 W.P.No.14083/2014 K.Sahadevan ... Petitioner -vs- 1.The State of Tamilnadu Rep. by the Principal Secretary to the Government School Education Department, St. George Fort, Chennai. 2.The Chairman Tamilnadu Teachers Recruitment Board, EVK Sampath Maligai, DPI Compound, Chennai. ... Respondents Prayer: Writ Petitions filed under Article 226 of Constitution of India, praying for issuance of a Writs of Certiorarified Mandamus to call for the records pertaining to the impugned order in G.O.Ms.No.71 School Education (TRB) Department dated 30.05.2014 passed by the 1st respondent herein and quash the same as illegal to the extent of the method of calculation of weightage marks for the selection of Graduate Assistants and consequently direct the respondents to consider the method of providing weightage marks for the employment seniority, instead of marks for H.Sc, Degree, B.Ed/TPT in addition to the marks secured in Teacher Eligibility Test. !For Petitioner : Mr.R.Aravindraj ^For Respondents : Mr.D.Muruganandham for R1 Addl. Government Pleader Mr.A.K.Baskarapandian for R2 Spl. Government Pleader :COMMON ORDER
The validity of G.O.Ms.No.25 School Education (TRB) Department, dated 06.02.2014 and the consequential G.O.Ms.No.71, School Education (TRB) Department, dated 30.05.2014 has been considered in a batch of Writ Appeals by the Division Bench. On appeal, the Apex Court also affirmed the correctness of the judgment passed by the Division Bench. For the sake of convenience, Paragraph Nos.43 and 44 of the order of the Apex Cour is reproduced hereunder:
?43.The Madras High Court rightly rejected the challenge to G.O.(Ms) No.25 dated 06.02.2014 and G.O.(Ms) No.71 dated 30.05.2014 holding that as per the NCTE guidelines, the State Government has the power to grant relaxation on the marks obtained in the TET for the candidates belonging to reserved category and the same is affirmed. The Madurai Bench did not keep in view the NCTE guidelines and the power of the State Government to grant relaxation in terms of their extent reservation policy and erred in quashing G.O.(Ms) No.25 dated 06.02.2014 and hence the same is liable to be set aside.
44.The appeals filed by the State Government are, accordingly, allowed and the impugned judgment of the Madurai Bench is set aside. The impugned judgment of the Madras Bench of the High Court is affirmed and all the appeal preferred by the unsuccessful candidates are dismissed.?
2. In the light of the above, these writ petitions stand dismissed. No costs. Consequently connected Miscellaneous Petitions are closed.
To
1.The Principal Secretary to the Government School Education Department, St. George Fort, Chennai.
2.The Chairman
Tamilnadu Teachers Recruitment Board,
EVK Sampath Maligai, DPI Compound,
Chennai. .