Madras High Court
S.Sathish Kumar vs The Chairman on 22 December, 2023
Author: R.Suresh Kumar
Bench: R.Suresh Kumar
W.A.No.1148 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.12.2023
CORAM :
THE HONOURABLE MR. JUSTICE R.SURESH KUMAR
and
THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN
W.A.No.1148 of 2020
and C.M.P.No.14153 of 2020
S.Sathish Kumar
S/o.Settu ... Appellant
-Vs-
The Chairman,
Teachers Recruitment Board,
4th Floor, EVK Sampath Building,
Chennai. 600 006. ... Respondent
Prayer : Writ Appeal filed under Clause 15 of the Letter Patent, to set
aside the order in W.P.No.28969 of 2019, dated 04.03.2019.
For Appellant : Ms.K.Abhirami
for Mr.V.Raghavachari
For Respondents : Mr.K.Sathish Kumar
Standing Counsel
https://www.mhc.tn.gov.in/judis
1/6
W.A.No.1148 of 2020
JUDGMENT
(Judgment of the Court was delivered by R.SURESH KUMAR, J.)
This intra-court appeal has arisen out of the order passed by the Writ
Court in W.P.No.28969 of 2019 along with some other writ petitions by way of
common order dated 04.03.2019.
2. Heard Ms.K.Abhirami, learned counsel appearing for the appellant and
Mr.K.Sathish Kumar, learned Standing Counsel appearing for the respondent.
3. In fact, the common impugned order has already been challenged in
some of the writ appeals before this Court, where the First Division Bench of
this Court in the case of V.Kalamegakannan Vs. The Teachers Recruitment
Board and anr. in W.A.No.3812 of 2019 had set aside the order passed by the
Writ Court, which has been followed by another Division Bench in the case of
R.Padmini Vs. Teachers Recruitment Board in W.A.No.3275 of 2019 by
judgment dated 30.07.2020, where the Division Bench has passed the following
order:
“8. Today, when this Writ Appeal was taken up for final
disposal, Mr.Munusamy, the learned Special Government
Pleader fairly conceded that the issue is now covered by a
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decision passed on 30.01.2020 by the Hon'ble First Bench of this
Court while disposing a batch of writ appeals (in W.A.No 3812
of 2019 and batch, in V.Kalamegakannan Vs. The Teachers
Recruitment Board and Another).
9. By the said order the Hon'ble First Bench of this Court
considered G.O.(Ms) 143, School Education (SE3(1))
Department, Dated 19.08.2019; G.O.(Ms) No.9, Youth Welfare
and Sports Development (YW2) Department, dated 27.01.2020
and G.O.(Ms)No.218, School Education [SE3(1)] Department,
dated 06.12.2019. After extracting these government orders the
court held as follows:-
“5. A perusal of the above Government
Orders shows that they are in compliance of the
directions issued by the High Court (Madurai
Bench), whereafter an Equivalence Committee was
constituted and the Equivalence Committee vide its
meetings, as referred in the Government Orders,
proceeded to grant equivalence in the manner
indicated therein. In the present set of appeals, the
equivalence as set out is being claimed by the
appellants and they contend that the said
Government Orders cover their cases.
6. Learned Additional Advocate General
appearing for the State has not disputed the
issuance of the Government Orders aforesaid, but
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contends that in the event the appellants are
covered by the said Government Orders, the
Government shall consider their candidature,
provided they fulfill other eligibility conditions.
7. Having considered the submissions, we
find that the judgments of the learned Single Judge
deserve to be set aside and accordingly, the
impugned judgments dated 22.2.2019, 27.2.2019,
4.3.2019 and 6.3.2019 are set aside with a
direction to the Government to consider the
candidature of the appellants in terms of the
Government Orders, referred to herein above, and
pass appropriate orders within six weeks, as
prayed for.
The appeals are accordingly allowed on the
above terms.”
10. The impugned order of the learned Single Judge was
also challenged in some of the Writ Appeals which came to be
disposed by the Hon'ble First Bench of this Court along with
other Writ Appeals. Thus, the impugned order of the learned
Single Judge has already been set aside.
11. In the light of the above, we are also inclined to allow
this Writ Appeal by setting aside the order of the learned Single
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Judge. Therefore, the impugned order passed by the learned
Single Judge is set aside. The respondent is therefore directed to
consider the candidature of the appellant in terms of the
Government Orders referred to above and in the said decision
of the Hon'ble First Bench of this court.
12. The Writ Appeals is accordingly allowed on the above
terms. No cost. Consequently, connected Miscellaneous Petition
is closed.”
4. In view of the said order having been passed by more than one
Division Benches, where the common impugned order passed by the Writ Court
having been considered was set aside and the writ appeals were allowed, we are
inclined to allow this writ appeal also. Accordingly, this writ appeal is allowed.
No costs. Connected miscellaneous petition is closed.
(R.S.K.,J.)
(G.A.M.,J.)
22.12.2023
Index : Yes/No
Speaking Order/Non-speaking order
Neutral Citation : Yes/No
mp
To
The Chairman,
Teachers Recruitment Board,
https://www.mhc.tn.gov.in/judis
4th Floor, EVK Sampath Building,
Chennai. 600 006.
R.SURESH KUMAR, J.
and
G.ARUL MURUGAN, J.
mp
22.12.2023
https://www.mhc.tn.gov.in/judis
