Madras High Court
S.Selva Esakki vs The State Of Tamil Nadu on 9 September, 2024
Author: Abdul Quddhose
Bench: Abdul Quddhose
W.P.(MD)No.19375 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 09.09.2024
CORAM
THE HON'BLE MR.JUSTICE ABDUL QUDDHOSE
W.P.(MD)No.19375 of 2018
and
W.M.P.(MD)Nos.17205 & 17206 of 2018
S.Selva Esakki : Petitioner
Vs.
1.The State of Tamil Nadu,
Represented by the Principal Secretary,
School Education (T.R.B) Department,
Secretariat, Fort St. George,
Chennai – 09.
2.The Director of School Education,
Directorate of School Education,
DPI Campus,
Chennai – 06.
3.The Chairman,
Teachers Recruitment Board,
EVK Sampath Maligai,
DPI Compound, College Road,
Chennai – 06. : Respondents
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1/6
W.P.(MD)No.19375 of 2018
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India, praying for a Writ of Certiorarified Mandamus, to call for the
records pertaining to the impugned order in G.O.(Ms).No.149,
School Education (T.R.B) Department dated 20.07.2018 on the file of
the first respondent and quash the same as illegal to the extent of not
providing any preference for seniority in acquiring TET and
consequently to direct the respondents to provide preference for
seniority in acquiring TET in the recruitment to the post of
B.T.Assistants or make TET once passed to be valid life-long within
the time stipulated by this Court.
For Petitioner : Ms.J.Saranya
for Mr.N.Sathish Babu
For Respondents 1 & 2 : Mr.T.Amjad Khan
Government Advocate
For Respondent No.3 : Mr.VR.Shanmuganathan
Standing Counsel
ORDER
This Writ Petition has been filed challenging the impugned
Government Order in G.O.(Ms).No.149, School Education (T.R.B.)
Department dated 20.07.2018.
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2.The learned Standing Counsel appearing for the Teachers
Recruitment Board [third respondent] has placed on record
G.O.(Ms).No.147 [School Education (T.R.B.) Department] dated
22.08.2023 and placing reliance on the same would submit that the
grievance of the petitioner as sought for in this Writ Petition has
been addressed through the said Government Order and therefore,
nothing survives for further adjudication in this Writ Petition.
3.Learned Counsel for the petitioner though would admit
the same but would submit that similarly placed persons as that of
the petitioner were granted such benefit by the Division Bench of
this Court in the Principal Seat in W.P.No.26084 of 2023 etc., batch
vide order dated 10.07.2024 in respect of the consequential prayers
sought for by them in the said Writ Petitions. However, he would
admit that in this Writ Petition, the same consequential prayer was
not sought for.
4.Admittedly, the grievance of the petitioner has now been
redressed insofar as this petitioner is concerned through
G.O.(Ms).No.147 [School Education (T.R.B.) Department] dated
22.08.2023, placed on record by the learned Standing Counsel for
the third respondent Board. If the petitioner has any further
grievance to be redressed in the light of the judgment rendered by
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the Division Bench of this Court in the Principal Seat in W.P.No.
26084 of 2023 etc., batch dated 10.07.2024, his remedy is only to file
appropriate proceedings in the said writ petitions even though they
have already been disposed of and it has been made clear in the said
decision that the said benefit is given only to the petitioners therein.
5.While disposing of this Writ Petition based on the fact
that the grievance of the petitioner in this Writ Petition has been
addressed through G.O.(Ms).No.147 [School Education (T.R.B.)
Department] dated 22.08.2023, liberty is granted to the petitioner to
file appropriate proceedings in accordance with law in W.P.No.
26084 of 2023 etc., batch, which has already been disposed of on
10.07.2024 by the Division Bench of this Court in the Principal Seat.
6.In the result, this Writ Petition stands disposed of. There
shall be no order as to costs. Consequently, connected miscellaneous
petitions are closed.
09.09.2024
Index :Yes / No
Internet : Yes / No
NCC : Yes/No
MR
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To
1.The Principal Secretary,
State of Tamil Nadu,
School Education (T.R.B) Department,
Secretariat, Fort St. George,
Chennai – 09.
2.The Director of School Education,
Directorate of School Education,
DPI Campus,
Chennai – 06.
3.The Chairman,
Teachers Recruitment Board,
EVK Sampath Maligai,
DPI Compound, College Road,
Chennai – 06.
https://www.mhc.tn.gov.in/judis
ABDUL QUDDHOSE, J.
MR
09.09.2024
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