Madras High Court
I.Joseph Peter vs The Secretary on 19 January, 2021
W.A(MD)Nos.1073, 1251 & 1252 of 2013
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 19.01.2021
CORAM:
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA
AND
THE HONOURABLE MRS.JUSTICE S.KANNAMMAL
W.A(MD)Nos.1073, 1251 & 1252 of 2013
1.W.A(MD)No.1073 of 2013:-
I.Joseph Peter ... Appellant/Petitioner
Vs.
1.The Secretary,
Government of Tamil Nadu,
Education Department,
Fort St. George,
Chennai – 600 009.
2.The Chairman,
Teachers Recruitment Board,
College Road,
Chennai – 600 006. ... Respondents/Respondents
Prayer: Writ Appeal filed under Clause 15 of the Letters Patent to set
aside the order, dated 24.01.2013 made in W.P(MD)No.16494 of 2012
on the file of this Court.
For Appellant : Mr.F.X.Eugene
For Respondents : Mr.V.R.Shanmuganathan,
Special Government Pleader.
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W.A(MD)Nos.1073, 1251 & 1252 of 2013
2.W.A(MD)No.1251 of 2013:-
J.Joycelin ... Appellant/Petitioner
Vs.
1.The Secretary,
Government of Tamil Nadu,
Education Department,
Fort St. George,
Chennai – 600 009.
2.The Chairman,
Teachers Recruitment Board,
4th Floor, EVK Sampath Building,
DPI Campus, College Road,
Chennai – 600 006.
3.The Director of School Education,
DPI Campus, College Road,
Chennai – 600 006. ... Respondents/Respondents
Prayer: Writ Appeal filed under Clause 15 of the Letters Patent to set
aside the order, dated 26.09.2013 made in W.P(MD)No.15908 of 2013
on the file of this Court.
For Appellant : Mr.F.X.Eugene
For Respondents : Mrs.S.Srimathy,
Special Government Pleader.
3.W.A(MD)No.1252 of 2013:-
R.Seethalakshmi ... Appellant/Petitioner
Vs.
1.The Secretary,
Government of Tamil Nadu,
Education Department,
Fort St. George,
Chennai – 600 009.
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W.A(MD)Nos.1073, 1251 & 1252 of 2013
2.The Chairman,
Teachers Recruitment Board,
4th Floor, EVK Sampath Building,
DPI Campus, College Road,
Chennai – 600 006.
3.The Director of School Education,
DPI Campus, College Road,
Chennai – 600 006. ... Respondents/Respondents
Prayer: Writ Appeal filed under Clause 15 of the Letters Patent to set
aside the order, dated 26.09.2013 made in W.P(MD)No.15909 of 2013
on the file of this Court.
For Appellant : Mr.F.X.Eugene
For Respondents : Mrs.S.Srimathy,
Special Government Pleader.
COMMON JUDGMENT
(Judgment of the Court was delivered by
PUSHPA SATHYANARAYANA,J.)
These Writ Appeals are directed against the dismissal order
passed in W.P(MD)Nos.16494, 15908 and 15909 of 2013, dated
24.01.2013 and 26.09.2013 respectively.
2.In W.P(MD)No.16494 of 2014, the appellant / writ petitioner
has sought for a direction to the respondents to pass orders to select
him for the post of B.T Assistant (History) in backward class general
category, as per the seniority and in W.P(MD)Nos.15908 and 15909 of
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W.A(MD)Nos.1073, 1251 & 1252 of 2013
2013, the appellants / writ petitioners have sought for a direction to
the respondents to select and appoint the petitioners to the post of
Graduate Assistants (Science) based on the certificate verification held
on 14.05.2010 and 13.05.2010 respectively, by the Teachers
Recruitment Board, without insisting on the passing of the Teacher
Eligibility Test (TET).
3.All these Writ Petitions were dismissed stating that the
appellants / writ petitioners have not passed the Teacher Eligibility
Test as per G.O.Ms.No.181, School Education (C2) Department, dated
15.11.2011.
4.Admittedly, there is no age limit for writing Teacher Eligibility
Test (TET) examination and the appellants / writ petitioners could
have qualified themselves by writing the same, as it is mandatory for
the selection and appointment. Instead of competing on merits, they
have sought for Mandamus, to exempt them from writing the said
examination, which is not permissible.
5.One of the appellant / writ petitioner, namely I.Joseph Peter,
who was aged about 52 years in the year 2012 would have now
attained the age of superannuation. The other two appellants / writ
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W.A(MD)Nos.1073, 1251 & 1252 of 2013
petitioners, namely, J.Joycelin and R.Seethalakshmi, if they have still
the age for writing the examination, it is open to them to appear and
qualify themselves without insisting for the appointment without
having the prescribed qualification.
6.In view of the above facts, we find no merit in the Writ
Appeals and accordingly, the same are dismissed. No costs.
[P.S.N.,J] [S.K.,J.]
19.01.2021
Index :Yes/No
Internet :Yes/No
ps
Note :
In view of the present lock
down owing to COVID-19
pandemic, a web copy of the
order may be utilized for
official purposes, but,
ensuring that the copy of the
order that is presented is the
correct copy, shall be the
responsibility of the advocate
/ litigant concerned.
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W.A(MD)Nos.1073, 1251 & 1252 of 2013
PUSHPA SATHYANARAYANA,J.
and
S.KANNAMMAL,J.
ps
To
1.The Secretary,
Government of Tamil Nadu,
Education Department,
Fort St. George,
Chennai – 600 009.
2.The Chairman,
Teachers Recruitment Board,
4th Floor, EVK Sampath Building,
DPI Campus, College Road,
Chennai – 600 006.
3.The Director of School Education,
DPI Campus, College Road,
Chennai – 600 006.
W.A(MD)Nos.1073, 1251 & 1252 of 2013
19.01.2021
http://www.judis.nic.in
