Madras High Court
D.Punitha vs The State Of Tamil Nadu on 13 September, 2024
Author: D.Krishnakumar
Bench: D.Krishnakumar
W.P.No.26773 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.09.2024
CORAM:
THE HON'BLE MR.D.KRISHNAKUMAR
ACTING CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE P.B.BALAJI
W.P.No.26773 of 2024 and
W.M.P.No.29276 of 2024
1. D.Punitha
2. R.Sudha
3. V.Ezhilarasi
4. T.Kala
5. M.Meena ... Petitioners
-vs-
1. The State of Tamil Nadu,
Rep. by its Principal Secretary to Government,
School Education Department, Fort St.George,
Chennai-600 009.
2. The Commissioner of School Education,
Directorate of School Education,
DPI Campus, College Road,
Chennai-600 006.
3. The Joint Director of School Education (Personnel),
DPI Campus, College Road,
Chennai-600 006.
4. The Director of School Education,
Directorate of School Education,
DPI Campus, College Road,
Chennai-600 006.
1/6
https://www.mhc.tn.gov.in/judis
W.P.No.26773 of 2024
5. Teachers Recruitment Board (TRB),
Rep. by its Member Secretary,
4th Floor, DPI Campus,
College Road,
Chennai-600 006. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of
a Writ of Declaration to declare that the petitioners herein are entitled to be appointed as
Teachers (Secondary Grade / B.T.Assistants as the case may be), who have completed
certificate verification in the year 2014, 2017 recruitment being made on the basis of
TET marks and TET passed year seniority without resorting to any competitive
examination as stated in G.O.Ms.No.149 dated 20.07.2018 as a measure of equity and
fairness, as well as on the foundation of the doctrine of promissory estoppal and
legitimate expectation.
For Petitioner : Mr.R.Muruga Bharathi
For R1 to R4 : Mr.U.M.Ravichandran
Spl. Govt. Pleader
For R5 : Mr.C.Kathiravan
Spl. Govt. Pleader
*****
ORDER
(By the Hon'ble Acting Chief Justice)
This Writ Petition has been filed for a declaration that the petitioners herein
are entitled to be appointed as Teachers (Secondary Grade / B.T.Assistants as the case
may be), who have completed certificate verification in the year 2014, 2017 recruitment
being made on the basis of TET marks and TET passed year seniority without resorting
to any competitive examination as stated in G.O.Ms.No.149 dated 20.07.2018 as a
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measure of equity and fairness, as well as on the foundation of the doctrine of
promissory estoppal and legitimate expectation.
2. Mr.U.M.Ravichandran, learned Special Government Pleader takes notice
for R1 to R4 and Mr.C.Kathiravan, learned Special Government Pleader for R5. By
consent, the Writ Petition itself is taken up for hearing at the admission stage.
3. It is the case of the petitioners that some of the similarly placed persons
have approached this Court in W.P.No.26084 of 2023, in which, this Court had granted
the relief to the petitioners therein. The petitioners have been made to wait for more than
a decade on account of adoption of three different methods of selection by the
Government and the State cannot behave in an inconsistent and unreasonable manner,
by blowing hot and cold as per the sweet will of the respondents.
4. Learned Special Government Pleader for R5 stated that challenging the
order passed in W.P.No.26084 of 2023, respondents are taking steps to prefer an
appeal. He pointed out that in the very same judgment, it was clearly observed that the
claim of fence-sitters, who seek similar relief by filing fresh writ petitions, cannot be
entertained in terms of the judgment of the Apex Court in the case of State of Uttar
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Pradesh and Others vs. Arvind Kumar Srivastava and Others, reported in 2014 (12)
SCR 193. Stating that the judgment passed by the Division Bench of this Court can no
longer be cited as a precedent to demand similar treatment, he prayed for dismissal of
the Writ Petition.
5. A cursory glance at Paragraph No.36 of the order dated 10.07.2024
passed in W.P.No.26084 of 2024 amply proves the fact that the order has been
restricted only to the petitioners therein alone. In addition, when yet other similarly
placed persons sought to implead themselves in the Writ Petition, their request was
rejected. Thus, in our view, the order passed in W.P.No.26084 of 2023 will not inure to
the benefit of the petitioners herein.
6. The Division Bench of this Court in the said order, while restricting the
relief claimed in those writ petitions only to the petitioners therein alone, had clearly
held and made clear that citing this judgment, fence-sitters will not be entitled to similar
relief by filing fresh writ petitions. In view of the above, the prayer sought by the present
Writ Petitioners cannot be granted, as the same would amount to reviewing the earlier
order passed by the Division Bench of this Court.
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7. In fine, finding no merits or substance in the argument of the petitioners,
this Writ Petition is dismissed. No costs. Consequently, connected Miscellaneous
Petition is closed.
[D.K.K.,ACJ.] [P.B.B,J.]
13.09.2024
Index: Yes / No
Internet: Yes / No
Speaking Order/Non Speaking Order
ar
To:
1. The Principal Secretary to Government,
State of Tamil Nadu,
School Education Department,
Fort St.George, Chennai-600 009.
2. The Commissioner of School Education,
Directorate of School Education,
DPI Campus, College Road,
Chennai-600 006.
3. The Joint Director of School Education (Personnel),
DPI Campus, College Road,
Chennai-600 006.
4. The Director of School Education,
Directorate of School Education,
DPI Campus, College Road,
Chennai-600 006.
5. The Member Secretary,
Teachers Recruitment Board (TRB),
4th Floor, DPI Campus,
College Road, Chennai-600 006.
https://www.mhc.tn.gov.in/judis
HON'BLE ACTING CHIEF JUSTICE,
AND
P.B.BALAJI,J.,
ar
13.09.2024
https://www.mhc.tn.gov.in/judis
