Madras High Court
S.Senthilkumar vs Government Of Tamil Nadu on 1 April, 2025
W.P.No.26978 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.04.2025
CORAM
THE HONOURABLE MS.JUSTICE R.N.MANJULA
W.P.No.26978 of 2019 and
W.M.P.No.26375 of 2019
S.Senthilkumar
... Petitioner
Vs.
1.Government of Tamil Nadu,
Rep. by its Secretary to Government,
Higher Education Department,
Secretariat,
Chennai 600 009.
2.Teachers Recruitment Board,
Rep. by its Chairman,
4th Floor, EVK Sampath Maaligai,
DPI Campus,
College Road, Chennai 600 006.
3.Mother Teresa Women's University /
Nodal SET Agency for Tamil Nadu
Rep. by its Member / Secretary,
Kodaikkanal - 624 101. ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of
India, to issue a Writ of Declaration, to declare that the petitioner is
'Qualified / Pass' in TNSET 2018 examination conducted by the third
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W.P.No.26978 of 2019
respondent and eligible to apply for direct recruitment from eligible
candidates for the post of Assistant Professor in Tamil Nadu Collegiate
Educational Service for Government Arts and Science Colleges and
Colleges of Education as per Notification No.12/2019 dated 28.08.2019
issued by the second respondent and for subsequent recruitment.
For Petitioner : Mr.S.Prasanna
For Respondents : Mr.S.Arumugam, GA for R1
Mr.C.Ravichandar for R3
Mr.C.Kathiravan, Standing Counsel for R2
ORDER
This Writ Petition has been filed to declare that the petitioner is
'Qualified / Pass' in TNSET 2018 examination conducted by the third
respondent and eligible to apply for direct recruitment from eligible
candidates for the post of Assistant Professor in Tamil Nadu Collegiate
Educational Service for Government Arts and Science Colleges and
Colleges of Education as per Notification No.12/2019 dated 28.08.2019
issued by the second respondent and for subsequent recruitment.
2. Heard Mr.S.Prasanna, learned counsel for the petitioner,
Mr.S.Arumugam, learned Government Advocate for R1,
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Mr.C.Ravichandar, learned counsel for R3 and Mr.C.Kathiravan, learned
Standing Counsel for R2 and perused the materials available on record.
3. The learned counsel for the petitioner submitted that the
petitioner had appeared for TNSET Examination in accordance with the
revised notification for Tamil Nadu State Eligibility Test (TNSET) for
Assistant Professors conducted by the third respondent University. He
further submitted that as per the procedure and criteria for declaring the
result of the said examination, the relevant policy of the State
Government should be followed and the petitioner is eligible to get
declared that he has also pass in the said examination on account of his
falling under PSTM category.
4. However, the learned Government Advocate for the first
respondent submitted that the petitioner does not fall under PSTM
category and he should possess certificate from the concerned school
stating that he has studied in Tamil Medium throughout his school
education.
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5. In case, the petitioner possesses such certificate,then it is for the
third respondent to consider the same and pass appropriate orders on
merits.
6. In view of the above observation, this Writ Petition is disposed
by giving liberty to the petitioner to make a fresh representation along
with the certificate, if any given with regard to PSTM, within a period of
two weeks from the date of receipt of a copy of this order. On receipt of
the same, the third respondent shall consider and pass appropriate orders
on merits and in accordance with the judgment of the Full Bench
rendered in the case of Boominathan Vs. State, reported in 2019 (4)
Law Weekly 785, within a period of four weeks thereafter. No costs.
Consequently, connected miscellaneous petition is closed.
Index : Yes / No 01.04.2025
Speaking / Non-speaking
Neutral Citation : Yes / No
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To
1.The Secretary to Government,
Higher Education Department,
Secretariat,
Chennai 600 009.
2.The Chairman,
Teachers Recruitment Board,
4th Floor, EVK Sampath Maaligai,
DPI Campus,
College Road, Chennai 600 006.
3.The Member / Secretary,
Mother Teresa Women's University /
Nodal SET Agency for Tamil Nadu,
Kodaikkanal - 624 101.
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R.N.MANJULA, J.
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W.P.No.26978 of 2019 and
01.04.2025
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