Madras High Court
I.Perumal vs The Government Of Tamil Nadu on 22 April, 2025
Author: J.Nisha Banu
Bench: J.Nisha Banu, S.Srimathy
W.P(MD)No.11346 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 22.04.2025
CORAM:
THE HONOURABLE MRS.JUSTICE J.NISHA BANU
and
THE HONOURABLE MRS.JUSTICE S.SRIMATHY
W.P(MD)No.11346 of 2025
and
W.M.P(MD)No.8431 of 2025
I.Perumal ... Petitioner
vs.
1.The Government of Tamil Nadu,
Represented by its Principal Secretary,
Secretariat,
St. George Fort,
Chennai – 600 009.
2.Higher Education Department,
Represented by its Secretary,
Secretariat,
St. George Fort,
Chennai – 600 009.
3.Law Department,
Represented by its Secretary,
Secretariat,
St. George Fort,
Chennai.
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W.P(MD)No.11346 of 2025
4.The Director of Legal Education Office,
Purasaivakkam High Road,
Kelpauk,
Chennai.
5.The Member Secretary,
Teachers Recruitment Board,
4th Floor, EVK Sampath Palace,
DPI Campus, College Road,
Chennai – 600 006.
6.The Registrar Tamil Nadu Dr.Ambedkar Law University,
Peungudi Campus,
M.G.R. Road,
Near Taramani Railway Station,
Chennai – 600 113. ... Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of India
praying for issuance of a Writ of Declaration to declare that the third respondent's
amendment G.O(Ms)No.233, dated 11.04.2022 are null and void and
consequential the fifth respondent impugned Notification 01/2025 dated
24.01.2025 class 5(ii) “fixing the age criteria as if he/she has completed the age of
40 years as on 01.07.2025”, condition classes are declared as null and void
against the petitioner and directing the 3 to 5 respondents to accept the
petitioner's offline application dated 17.03.2025 for fifth respondent notification
01/2025 dated 24.01.2025 basis appointment of Assistant Professor in Pre-Law
post in Political Science subject.
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W.P(MD)No.11346 of 2025
For Petitioner : Mr.M.Venkatesan
For RR 1 to 4 : Mr.J.Ashok
Additional Government Pleader
For R – 5 : Mr.VR.Shanmuganathan
For R – 6 : Mr.B.Brijesh Kishore
ORDER
(Order of the Court was made by J. NISHA BANU, J.)
The petitioner has filed the present Writ Petition seeking a
Declaration that the amendment made by the third respondent in G.O(Ms)No.233,
dated 11.04.2022, is null and void. Consequently, the petitioner also challenges
the impugned Notification No.01/2025 dated 24.01.2025 issued by the fifth
respondent, specifically Clause 5(ii), which stipulates that candidates must have
completed 40 years of age as on 01.07.2025”. The petitioner seeks to have these
conditions declared null and void as against the petitioner and to direct the
respondents 3 to 5 to accept the petitioner's offline application dated 17.03.2025
submitted in response to Notification No.01/2025 dated 24.01.2025 for the post
of Assistant Professor (Pre-Law) in the subject of Political Science subject.
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2.When the matter was taken up for hearing today, the learned
counsel appearing for the fifth respondent submitted that the issue involved in
this Writ Petition is squarely covered by the Judgment of the Division Bench of
the Principal Seat in W.A.No.1004 of 2025, dated 03.04.2025 (M.Satheesh Vs.
The Teachers Recruitment Board (TRB) and others) and accordingly, prayed
for a similar order to be passed in this Writ Petition also.
3.In W.A.No.1004 of 2025, dated 03.04.2025 (M.Satheesh Vs. The
Teachers Recruitment Board (TRB) and others), the Division Bench of the
Principal Seat held as follows:
“5.Clause 5 of the notification dated 24.01.2025 issued
by the Teachers Recruitment Board deals with the age limit as on
01.07.2025. While the maximum age limit for the post of Assistant
Professor is 40 years as per Clause (ii), Clause (iii) provides for
relaxation of age limit and it reads as follows:-
(iii) Further, for appointment to the post of Assistant
Professor for each year of service, whether regular or
temporary, if need be, in any of the teaching posts in a Law
College in the State by a person, the age limit will be
increased by one year subject to a maximum of five years.
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6. As per Clause (iii) only persons who had worked in a
teaching post in a Law College in the State would be entitled to the
benefit of clause (iii). The appellant has not served in a Law College.
He has served in a Government Arts College. Therefore, he would not
be entitled to the benefit of relaxation provided under clause (iii).
7. No doubt, the learned counsel for the appellant would
contend that the subject being a non-law subject, the prescription
that the person should have taught in Law College is superfluous and
any person who has taught in Government Arts College or in other
Colleges would also be entitled to age relaxation.
8. We are unable to agree. Fixation of qualifications, age limit
as well as the norms for relaxation are within the exclusive domain of
the appointing Authority and the Recruiting Agency. This Court
cannot interfere in the process, particularly, after the notification had
been issued and the appellant's application had been rejected. The
fundamental principle of Law that there cannot be a change in the
Rule after the game had begun would straight away apply to the case
on hand.
9. We had an occasion to consider a similar matter, wherein,
the fixation of age limit itself was questioned. We had by our order
dated 14.03.2025 dismissed the appeal after referring to the
jurisdiction or the power of the State in matters relating to education
as found in Entry 25 of List III of Schedule VII of the Constitution of
India.
10. Hence, we see no reason to interfere with the order of the
writ Court. Therefore, the Writ Appeal fails and it is accordingly
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dismissed. No costs. Consequently, the connected miscellaneous
petition is closed.”
4.Following the aforesaid Judgment, this Writ Petition is dismissed.
However, there shall be no order as to costs. Consequently, connected
Miscellaneous Petition is closed.
[J.N.B.,J.] & [S.S.Y.,J.]
22.04.2025
NCC : Yes / No
Index : Yes / No
Internet : Yes
ps
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To
1.The Government of Tamil Nadu,
Represented by its Principal Secretary,
Secretariat,
St. George Fort,
Chennai – 600 009.
2.Higher Education Department,
Represented by its Secretary,
Secretariat,
St. George Fort,
Chennai – 600 009.
3.Law Department,
Represented by its Secretary,
Secretariat,
St. George Fort,
Chennai.
4.The Director of Legal Education Office,
Purasaivakkam High Road,
Kelpauk,
Chennai.
5.The Member Secretary,
Teachers Recruitment Board,
4th Floor, EVK Sampath Palace,
DPI Campus, College Road,
Chennai – 600 006.
6.The Registrar Tamil Nadu Dr.Ambedkar Law University,
Peungudi Campus,
M.G.R. Road,
Near Taramani Railway Station,
Chennai – 600 113.
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J.NISHA BANU, J.
and
S.SRIMATHY, J.
ps
ORDER MADE IN
DATED : 22.04.2025
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