Madras High Court
M.Muthukumar vs The State Of Tamil Nadu on 10 June, 2025
W.P.(MD).Nos.19605 of 2018 and 5329 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 10.06.2025
CORAM
THE HONOURABLE MR.JUSTICE K.RAJASEKAR
W.P.(MD).Nos.19605 of 2018 and 5329 of 2019
and
W.M.P.(MD).Nos.17387 and 17388 of 2018 & 4245 & 4246 of 2019
W.P.(MD).No.19605 of 2018
M.Muthukumar .. Petitioner
Vs.
1.The State of Tamil Nadu,
Represented by its Principal Secretary to Government,
School Education Department,
Secretariat, Fort St.George,
Chennai – 600 009.
2.The Director of School Education,
DPI Campus, College Road,
Chennai – 600 006.
3.The Director of Elementary Education,
DPI Campus, College Road,
Chennai – 600 006.
4.The Chairman,
Teacher Recruitment Board,
4th Floor, E.V.K. Sampath Maligai,
DPI Campus, College Road,
Chennai – 600 006.
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W.P.(MD).Nos.19605 of 2018 and 5329 of 2019
5.The Member Secretary,
National Council For Teacher Education,
Hans Bhawan, Wing II,
Bahadur Shah Zafar Marg,
New Delhi – 110 002. .. Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India to
issue a writ of Certiorarified Mandamus, to call for the records relating to the
impugned proceedings issued by the 1st respondent in G.O.Ms.No.149 School
Education (TRB) Department dated 20.07.2018 and to quash the same and
consequently directing the respondents to select and appoint the petitioner to the
post of BT Assistant based on the method of selection as prescribed in
G.O.Ms.No.71 School Education (TRB) Department dated 30.05.2014,
followed by certificate verification conducted in July 2017.
For Petitioner : Mr.G.Shylendra Babu
for Mr.F.Deepak
For R-1 to R-4 : Mr.N.Satheesh Kumar
Additional Government Pleader
For R-5 : Mr.Su.Srinivasan
Central Government Standing Counsel
W.P.(MD).No.5329 of 2019
M.Muthukumar .. Petitioner
Vs.
1.The State of Tamil Nadu,
Represented by its Principal Secretary to Government,
School Education Department,
Secretariat, Fort St.George,
Chennai – 600 009.
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W.P.(MD).Nos.19605 of 2018 and 5329 of 2019
2.The Director of School Education,
DPI Campus, College Road,
Chennai – 600 006.
3.The Director,
Directorate of Most Backward Classes and De-Notified Communities,
Ezhilagam, Chepauk,
Chennai – 600 005.
4.The Chairman,
Teacher Recruitment Board,
4th Floor, E.V.K. Sampath Maligai,
DPI Campus, College Road,
Chennai – 600 006.
5.The Member Secretary,
National Council For Teacher Education,
Hans Bhawan, Wing II,
Bahadur Shah Zafar Marg,
New Delhi – 110 002. .. Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India to
issue a writ of Certiorarified Mandamus, to call for the records relating to the
impugned notification issued by the 4th respondent in Notification No.01/2019
dated 07.02.2019 and to quash the same and consequently directing the
respondents 1 to 4 to select and appoint the petitioner to the post of BT
Assistant based on the method of selection as prescribed in G.O.Ms.No.71
School Education (TRB) Department dated 30.05.2014, followed by certificate
verification conducted in July 2017.
For Petitioner : Mr.G.Shylendra Babu
for Mr.F.Deepak
For R-1 to R-3 : Mr.N.Satheesh Kumar
Additional Government Pleader
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W.P.(MD).Nos.19605 of 2018 and 5329 of 2019
For R-4 : Mr.T.Amjad Khan
Government Advocate
For R-5 : Mr.Su.Srinivasan
Central Government Standing Counsel
COMMON ORDER
Both Writ Petitions have been filed by the same petitioner.
(i) The Writ Petition in W.P.(MD).No.19605 of 2018 has been filed
challenging the impugned proceedings issued by the first respondent in
G.O.Ms.No.149 School Education (TRB) Department dated 20.07.2018 and
consequently, to direct the respondents to select and appoint the petitioner to the
post of BT Assistant based on the method of selection as prescribed in
G.O.Ms.No.71 School Education (TRB) Department dated 30.05.2014,
followed by certificate verification conducted in July 2017.
(ii) The Writ Petition in W.P.(MD).No.5329 of 2019 has been filed
challenging the impugned notification issued by the fourth respondent in
Notification No.01/2019 dated 07.02.2019 and consequently, to direct the
respondents 1 to 4 to select and appoint the petitioner to the post of BT
Assistant based on the method of selection as prescribed in G.O.Ms.No.71
School Education (TRB) Department dated 30.05.2014, followed by certificate
verification conducted in July 2017.
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W.P.(MD).Nos.19605 of 2018 and 5329 of 2019
2. The writ petitioner is an aspirant to the post of BT Assistant and he
passed the Teachers Eligibility Test in the year 2017. Subsequently, he was
called for certificate verification based on the marks secured by him in the
Teachers Eligibility Test. Thereafter, the number of aspirants for appointment
increased manyfold. Hence, the Government has taken a policy decision to
conduct a competitive examination for the eligible candidates for filling up of
the vacancies. Accordingly, the Government has also notified the same in
G.O.Ms.No.149, School Education (TRB) Department dated 20.07.2018.
Subsequently, the Teachers Recruitment Board issued recruitment notification in
Notification No.01/2019 dated 07.02.2019. Aggrieved over the same, the
present Writ Petitions have been filed.
3. The Division Bench of this Court, in the case of M.Parvatham and
others Vs. The State of Tamil Nadu and others in W.P.Nos.26084 of 2023 etc.,
batch dated 10.07.2024, has considered the case of similarly placed persons as
that of the petitioner herein and observed as follows:
“E. Should the relief be restricted to the parties to this writ
petitions alone?
34. Coming to the last question on whether the relief
sought for in these petitions is to be restricted to these petitioners
alone, it may be stated that the petitioners in the above writ
petitions have all participated in the process of selection in 2017
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W.P.(MD).Nos.19605 of 2018 and 5329 of 2019
and subjected themselves to the method of selection then adopted
by the State Government. They have been awaiting employment
ever since. However, the State Government did not conclude the
process of selection and abandoned it midway. Even after GO
Ms.No.149 dated 20.07.2018 was introduced, there was nothing
to show whether the State Government was commencing any
fresh process of selection or what would be the modalities of
such selection, or as to whether the said competitive environment
would be for selected candidates i.e., in addition to selection
made by weightage or it would be sole method of selection. In
fact, the Government has not resorted to any recruitment till
date. While so, in the judgment of this very Bench dated
02.06.2023 in W.A.No.313 of 2022, and etc., cases, it was held as
follows:
“75. The narration of facts which propelled this case
would indicate that the teachers have not been
appointed for the last ten years inspite of being
qualified with a pass in TET. On the basis of the above
findings and observations made, the State
Government is directed to conduct TET periodically
and make direct recruitment of teachers and
promotion from among TET qualified candidates at
the earliest.”
35. Immediately thereafter, when it was imminent that the
State Government would make direct recruitment, the writ
petitioners approached this Court with the present reliefs. While
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W.P.(MD).Nos.19605 of 2018 and 5329 of 2019
the petitioners herein are similarly placed to the thousands of
candidates who have participated in the process of selection
started by the State Government in 2017, what differentiates the
writ petitioners from the others is the fact that they approached
this Court seeking redressal of their grievances, without waiting
in the wings and taking any calculated chance. All the writ
petitioners have in some way or the other been consistently
approaching the court and that is what sets them apart. While
some of the writ petitioners had regularly approached this Court
and gone upto the Supreme Court, some of the writ petitioners
had challenged GO Ms.No.149 dated 20.07.2018 by way of writ
petitions even in the year 2018. Therefore, the writ petitioners
are the only persons who approached this Court seeking
consideration in appointment on the basis of the selection
commenced by the State in 2017. It is further reiterated that all
the petitioners in the above writ petitions are similarly placed as
they approached this Court well in time i.e., immediately after
the observation made by this Bench directing the State
Government to make direct recruitment of teachers. The fact that
some of the petitioners had gone upto Supreme Court and some
others had been approaching this Court at different points of
time cannot be a dividing factor among them. On the contrary, it
only shows that the petitioners herein are a vigilant lot of
citizens and as such, all the petitioners in the above writ
petitions from one class by themselves and cannot be equated to
fence-sitters or to such persons who have not approached the
court. As such, the petitioners before this court are seeking a
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W.P.(MD).Nos.19605 of 2018 and 5329 of 2019
remedy in personam, forming a separate class of persons. The
relief claimed in these writ petitions is therefore restricted to
these petitioners done.”
Further, the Division Bench has not extended the benefit to all those persons,
who have filed impleading petitions in the said Writ Petitions, seeking the relief
claimed by other writ petitioners.
4. The learned Single Judge of this Court, in the case of Regunath Vs.
The State of Tamil Nadu and others in W.P.(MD).No.19252 of 2024 dated
12.08.2024, has followed the judgment of the Division Bench and has not
extended the benefit to the writ petitioner therein on the ground that the
petitioner is a fence-sitter and hence, the Writ Petition is not maintainable.
5. In another Writ Petition in W.P.No.22405 of 2018 dated 30.07.2024
(M.Bagavathi and others Vs. The State of Tamil Nadu and others), another
learned Single Judge of this Court has considered the order of the Division
Bench and has taken a view that since the Writ Petition has been filed as early
as in the year 2018, the petitioners therein would not fall under the category of
fence-sitters and extended the benefit awarded by the Division Bench in
W.P.Nos.26084 of 2023 etc., batch dated 10.07.2024.
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W.P.(MD).Nos.19605 of 2018 and 5329 of 2019
6. In the present case, the learned Additional Government Pleader
appearing for the respondents 1 to 3 has brought to the knowledge of this Court
that subsequent to passing of G.O.Ms.No.149 dated 20.07.2018, a separate
recruitment process was commenced by the Teachers Recruitment Board and the
same was also concluded and the posts were also filled up in the year 2023.
7. Since the subsequent development of holding the competitive
examinations and selection process has been completed, holding the earlier
process of certificate verification for appointment at this point of time is not
proper. Hence, I am of the view that the benefit awarded by the Division Bench
to the petitioners therein could not be extended to the petitioner herein.
8. Accordingly, the Writ Petitions are dismissed. There shall be no order
as to costs. Consequently, connected miscellaneous petitions are closed.
10.06.2025
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
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W.P.(MD).Nos.19605 of 2018 and 5329 of 2019
To
1.The Principal Secretary to Government,
The State of Tamil Nadu,
School Education Department,
Secretariat, Fort St.George,
Chennai – 600 009.
2.The Director of School Education,
DPI Campus, College Road,
Chennai – 600 006.
3.The Director of Elementary Education,
DPI Campus, College Road,
Chennai – 600 006.
4.The Director,
Directorate of Most Backward Classes and De-Notified Communities,
Ezhilagam, Chepauk,
Chennai – 600 005.
5.The Chairman,
Teacher Recruitment Board,
4th Floor, E.V.K. Sampath Maligai,
DPI Campus, College Road,
Chennai – 600 006.
6.The Member Secretary,
National Council For Teacher Education,
Hans Bhawan, Wing II,
Bahadur Shah Zafar Marg,
New Delhi – 110 002.
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W.P.(MD).Nos.19605 of 2018 and 5329 of 2019
K.RAJASEKAR,J.
Lm
W.P.(MD).Nos.19605 of 2018 and
5329 of 2019
10.06.2025
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