Madras High Court
M.Basker vs The State Of Tamilnadu on 10 March, 2025
Author: R.Subramanian
Bench: R.Subramanian
W.A.No.612 of 2025
THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.03.2025
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
AND
THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN
W.A.No.612 of 2025
and
C.M.P.No.4910 of 2025
1.M.Basker
2.S.V.Sivakumar
3.S.Kannan
4.S.Balasundaram
5.R.Boobalan
6.P.D.Ponnivalavan ... Appellants
versus
1.The State of Tamilnadu,
Rep. by its Secretary to Government,
School Education Department,
Secretariat, Chennai - 600 009.
2.The Director of School Education,
Chennai - 600 006.
3.The Director of Elementary Education,
Chennai - 600 006.
4.The Member Secretary,
Teachers Recruitment Board,
College Road, Chennai - 600 006.
5.The Commissioner,
Corporation of Chennai,
Chennai - 600 006.
1/6
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W.A.No.612 of 2025
6.R.Balasubramanian
7.R.Kumaravelu
8.G.Ranganathan
9.A.Babu ... Respondents
Prayer: Writ Appeal filed under Clause 15 of the Letters Patent, to set aside
the order passed in W.P.No.25201 of 2015 dated 01.09.2022.
For Appellants : Mr.K.Venkataramani
Senior Counsel
for Mr.Dhineshkumar Associates
For Respondents : Mr.R.Neethi Perumal
Government Advocate - R1 to R3
Mr.R.Neelakandan
Additional Advocate General
Assisted by Mr.K.Sathish Kumar
Standing Counsel - R4
Mr.D.B.R.Prabhu
Standing Counsel - R5
JUDGMENT
(Judgment of the Court was made by R.SUBRAMANIAN, J.)
Challenge in this appeal is to the order of the writ court refusing to
interfere with the notification issued re-calling the notification for
sponsoring of candidates from the Employment Exchange for the
appointment as Special Teachers.
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2. The practice of recruitment to the post of Special Teachers by
calling for the lists from the Employment Exchange was not approved by
this Court and a Division Bench of this Court by its judgment dated
09.06.2014 made in W.A.(MD)No.1027 of 2013, has held that the
recruitment of Special Teachers shall be made by calling for applications in
the open market and not through sponsoring by the Employment Exchange.
3. Pursuant to the said judgment, the impugned recall notification
was issued by the Teachers Recruitment Board. The writ court had rightly
dismissed the writ petition on the ground that the recall or cancellation of
the recruitment process does not infringe the rights of the candidates who
have submitted their applications to participate in the process of selection.
4. When we raised a query as to whether these candidates who
were sponsored by the Employment Exchange are prevented from applying
to the posts when a regular notification is issued calling for applications in
the press, Mr.K.Venkataramani, learned Senior Counsel for the appellants
would submit that there is no such prohibition. In the absence of such
prohibition, we do not see any grievance for the appellants to challenge the
recall notification.
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5. No right had accrued to the appellants merely because their
names were sponsored by the Employment Exchange for appointment. Once
it is admitted that this Court has disapproved the method of recruitment
through Employment Exchange alone, the Teachers Recruitment Board was
perfectly justified in recalling the notification issued calling for candidates
from the Employment Exchanges.
6. Hence, we see no reason to interfere with the order of the Writ
Court. Hence, the Writ Appeal fails and it is accordingly dismissed. No
costs. Consequently, the connected Miscellaneous Petition is closed.
(R.S.M., J.) (G.A.M., J.)
10.03.2025
Speaking order
Index : No
Neutral Citation : No
sri
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To
1.The Secretary,
Government of Tamilnadu,
School Education Department,
Secretariat, Chennai - 600 009.
2.The Director of School Education,
Chennai - 600 006.
3.The Director of Elementary Education,
Chennai - 600 006.
4.The Member Secretary,
Teachers Recruitment Board,
College Road, Chennai - 600 006.
5.The Commissioner,
Corporation of Chennai,
Chennai - 600 006.
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R.SUBRAMANIAN, J.
and
G.ARUL MURUGAN, J.
sri
and
10.03.2025
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