Madras High Court
The Principal Secretary To The ... vs K.Sivasankari on 3 January, 2024
Author: G.Jayachandran
Bench: G.Jayachandran
W.A(MD)No.704 of 2016
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 03.01.2024
CORAM:
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
AND
THE HON'BLE MR JUSTICE C.KUMARAPPAN
W.A(MD)No.704 of 2016
and
C.M.P(MD)No.4463 of 2016
1.The Principal Secretary to the Government,
Higher Education Department,
State of Tamil Nadu,
Fort St.George,
Chennai.
2.The Chairman,
Teachers Recruitment Board,
Fourth Floor, E.V.K.Sampath Maligai,
DPI Compound,College Road,
Chennai – 600 006. ... Appellants/Respondents
.Vs.
K.Sivasankari ... Respondent/Petitioner
PRAYER: Writ Appeal filed under Clause 15 of Letters Patent Act praying this
Court to set aside the order passed by this Court in W.P.No.16658 of 2013, dated
24.01.2013.
1/5
https://www.mhc.tn.gov.in/judis
W.A(MD)No.704 of 2016
For Appellants : Mr.D.Sadiq Raja
Addl.Govt.Pleader
For Respondent :Mr.R.Rajaraman
JUDGMENT
DR.G.JAYACHANDRAN,J.
AND
C.KUMARAPPAN,J.
The Writ Appeal is preferred by the State being aggrieved by the order of
the learned Single Judge, which reads as below:
‘’4.Therefore, the Writ Petition is ordered directing the
respondents to reexamine the case of the Petitioner, in the light
of the Government Order in G.O.Ms.No.242, Higher Education
Department, dated 18.12.2012 and find out whether the
Petitioner has gone a three year diploma and three year degree
course and if she had done, treat her as a candidature eligible
for appointment and pass order afresh within a period of three
weeks from the date of receipt of a copy of this order. No costs.
Consequently, connected Miscellaneous Petitions are closed.’’
2.The order impugned does not give any mandate to the State to give
https://www.mhc.tn.gov.in/judis
retrospective effect to G.O.Ms.No.242, Higher Education(B1)Department, dated
18.12.2012. However, the present Writ Appeal is filed under the impression that
the learned Single Judge had directed the State to consider the candidature of
the Writ Petitioner for the selection process commenced and notification as per
G.O.Ms.No.242, Higher Education(B1)Department, dated 18.12.2012. This Court
is of the view that G.O.Ms.No.242, Higher Education (B1) Department, dated
18.12.2012 was issued only with propective nature and no retrospective effect
was given. Hence the candidature of the Writ Petitioner, if taken up for
consideration, shall be in tune with G.O.Ms.No.242, Higher Education(B1)
Department, dated 18.12.2012, only in future and not for her earlier application,
which has now reached its finality and nothing survives in the earlier
notification, dated 7.3.2012.
3.With the above clarification, the Writ Appeal stands disposed of. There is
no order as to costs. Consequently, connected Miscellaneous Petition is closed.
[G.J.,J.] [C.K.,J.]
03.01.2024
https://www.mhc.tn.gov.in/judis
NCS :Yes/No
Index : Yes / No
Internet : Yes / No
vsn
https://www.mhc.tn.gov.in/judis
DR.G.JAYACHANDRAN, J.
and
C.KUMARAPPAN,J.
vsn
JUDGMENT MADE IN
and
03.01.2024
https://www.mhc.tn.gov.in/judis
