Madras High Court
R.Elango vs The State Of Tamil Nadu on 8 November, 2021
W.P.No.22523 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.11.2021
CORAM :
THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
W.P.No.22523 of 2021
1.R.Elango
2.M.Senthilkumar .. Petitioners
Vs
1.The State of Tamil Nadu,
rep. by its Principal Secretary to Govt.,
Higher Education Department,
Fort St. George,
Chennai – 600 009.
2.The Director of School Education,
Directorate of School Education,
DPI Campus, College Road,
Chennai – 600 006.
3.Teachers Recruitment Board,
rep. by its Chairman,
4th Floor, EVK Sampath Maaligai,
College Road,
Chennai – 600 006. .. Respondents
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Page 1 of 6
W.P.No.22523 of 2021
Prayer: Petition filed under Article 226 of the Constitution of India
seeking issuance of a writ of declaration declaring that Rule 6 of the
Special Rules for the Tamil Nadu Higher Secondary Educational Service
as introduced by G.O.Ms.No.14, School Education (SE 2 (1))
Department dated 30.01.2020 issued by the first respondent and
Clause 5 of the Advertisement No.01/2021, dated 09.09.2021 issued
by the third respondent inviting applications for Direct Recruitment for
the post of Post Graduate Assistants in School Education coming under
the Tamil Nadu Higher Secondary Educational Service as arbitrary,
violative of Article 14 of the Constitution of India and consequently
direct the first respondent to fix the age limit of Most Backward Class
candidates who are applying for direct recruitment to the post of PG
Assistants in School Education coming under the Tamil Nadu Higher
Secondary Educational Service as 57 years of age.
For the Petitioners : Ms.Nalini Chidambaram
Senior Counsel
for Ms.C.Uma
For the Respondents : Mr.P.Muthukumar
State Government Pleader
for respondent Nos.1 and 2
: Mr.C.Kathiravan
for respondent No.3
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Page 2 of 6
W.P.No.22523 of 2021
ORDER
(Order of the Court was made by Hon'ble Chief Justice)
The challenge pertains to the relaxation of age for inviting
applications for post-graduate assistants in school education and other
departments. The petition is pressed by the second petitioner who has
crossed 50 years of age.
2. The petition as regards the first petitioner is dismissed.
3. As far as the second petitioner is concerned, the challenge has
to be repelled in view of an order dated October 8, 2021 passed by a
co-ordinate Bench on the same issue. In that case, W.P.No.21983 of
2021 (C.Ponnusamy v. State of Tamil Nadu), the petition was filed for
declaring Rule 6 of Special Rules of Tamil Nadu Higher Secondary
Educational Service, notified in G.O.Ms.No.14 dated January 30, 2020
prescribing the maximum age limit for direct recruitment to the post of
PG Assistant and another consequential advertisement as arbitrary and
irrational.
4. The challenge was rejected upon referring to a Supreme Court
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W.P.No.22523 of 2021
judgment reported at (2006) 4 SCC 517 (State of Tamil Nadu v.
P.Krishnamurthy) and considering the grounds on which such
subordinate legislation may be questioned.
5. In view of the order dated October 8, 2021 referred to above,
the present petition fails.
6. W.P.No.22523 of 2021 is dismissed. W.M.P.Nos.23742,
23744, 23748 and 23749 of 2021 are closed. There will be no order
as to costs.
(S.B., CJ.) (P.D.A., J.)
08.11.2021
Index : No
bbr
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W.P.No.22523 of 2021
To
1.The Principal Secretary to Govt.,
State of Tamil Nadu,
Higher Education Department,
Fort St. George,
Chennai – 600 009.
2.The Director of School Education,
Directorate of School Education,
DPI Campus, College Road,
Chennai – 600 006.
3.The Chairman,
Teachers Recruitment Board,
4th Floor, EVK Sampath Maaligai,
College Road,
Chennai – 600 006.
__________
W.P.No.22523 of 2021
THE HON'BLE CHIEF JUSTICE
AND
P.D.AUDIKESAVALU, J.
bbr
W.P.No.22523 of 2021
08.11.2021
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