R.Arumugam vs The Teachers Recruitment Board
2024 Latest Caselaw 15293 Mad

Madras High Court

R.Arumugam vs The Teachers Recruitment Board on 7 August, 2024

Author: R.Vijayakumar

Bench: R.Vijayakumar

                                                                         W.P.(MD).No.27485 of 2023


                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 DATED : 07.08.2024

                                                       CORAM:

                                  THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR

                                             W.P(MD)No.27485 of 2023
                                                      and
                                            W.M.P(MD) No.23610 of 2023
                     1. R.Arumugam

                     2. Prabhakar

                     3. Ramar

                     4. Raja

                     5. P.Thangarajan

                     6. V.Nagendrapandian

                     7. S.Ravanan

                     8. D.Saravanakumar                                       ... Petitioners
                                                           Vs.

                     1. The Teachers Recruitment Board,
                        Through its Secretary,
                        Nungambakkam,
                        Chennai – 600 006.

                     2. The Government of Tamilnadu,
                        Represented by its Principal Secretary,
                        School Education Department,
                        Chennai.

                     1/5
https://www.mhc.tn.gov.in/judis
                                                                               W.P.(MD).No.27485 of 2023



                     3. The National Counsel for Teachers Education,
                        New Delhi.                                                   ... Respondents

                     PRAYER: Writ Petition filed under Article 226 of the Constitution of India,
                     praying this Court to issue a Writ of Certiorari, to call for the records of the
                     impugned Notification in Notification No.03/23 on the file of the first
                     respondent dated 25.10.2023 and quash the same.


                                       For Petitioners         : Mr.G.Prabhu Rajadurai

                                       For R1                  : Mr.J.Ashok
                                                                 Additional Government Pleader

                                       For R2                  : Mr.V.R.Shanmuganathan

                                       For R3                  : Mr.S.V.Srinivasan


                                                           ORDER

The present Writ Petition has been filed by 8 candidates seeking to

quash the Notification issued by the Teachers Recruitment Board in

Notification No.03/23, dated 25.10.2023, wherein 45% of the marks in the

graduation has been prescribed as a minimum qualification.

https://www.mhc.tn.gov.in/judis

2. Similar writ petitions were filed before the Principal seat of this

Court, wherein, the learned Single Judge has dismissed all the writ petitions.

The candidates preferred Writ Appeals in W.A.Nos.3366 of 2023, etc., batch

cases before the Hon'ble Division Bench. The Hon'ble Division Bench, by its

order dated 17.05.2024 has allowed the writ appeals with a direction to the

Teachers Recruitment Board to consider the case of the candidates for

appointment to the post of Graduate Teachers/B.T.Assistants, if they are

otherwise eligible.

3. Based upon the judgment of the Hon'ble Division Bench, the

Teachers Recruitment Board has considered the case of all the 8 writ

petitioners herein, even though, they have not secured the minimum 45% of

marks in their graduation. However, except the second petitioner, namely,

Prabhakar all others have not come up within the zone of consideration.

4. In view of the above said facts, in so far as the second petitioner,

namely, Prabhakar is concerned, this Writ Petition stands allowed. In respect

of the other petitioners, this writ petition stands dismissed.

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5. Accordingly, this Writ Petition stands partly allowed. There shall be

no order as to costs. Consequently connected Miscellaneous Petition stands

closed.

                                                                                               07.08.2024
                     NCC      : Yes/No
                     Index    : Yes / No
                     Internet : Yes / No
                     ebsi


                     To

                     1. The Secretary,
                        Teachers Recruitment Board,
                        Nungambakkam,
                        Chennai – 600 006.

                     2. The Principal Secretary,
                        School Education Department,
                        Chennai.

3. The National Counsel for Teachers Education, New Delhi.

https://www.mhc.tn.gov.in/judis

R.VIJAYAKUMAR,J.

ebsi

07.08.2024

https://www.mhc.tn.gov.in/judis