Madras High Court
M.Palanisamy vs The Secretary on 10 September, 2025
W.P.(MD) Nos.16811 & 16812 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Reserved On : 06.08.2025
Pronounced On : 10.09.2025
CORAM:
THE HONOURABLE DR. JUSTICE A.D. MARIA CLETE
W.P. (MD) Nos.16811 & 16812 of 2018
and
W.M.P.(MD)No.14861 to 14864 of 2018
M.Palanisamy
S/o Muhiah
1/9, New Street,
Poolayurani, Vilampatti post
Sivakasi. ... Petitioner in W.P.(MD)No.16811 of 2018
A.Anees Fathima
D/o Abdul Hassan
No.307, 77^ Cross,
Dheeran Nagar,
Trichirapalli. ... Petitioner in W.P.(MD)No.16812 of 2018
Vs.
1.The Secretary,
Government of Tamilnadu,
School Education Department,
Fort St.George
Chennai- 600 009.
2.The Director of School Education,
College Road, Chennai - 600 006.
3.The Principal Secretary/Chairman,
Teachers Recruitment Board,
4th 11 Floor, E.V.K.Sampath Maligai,
College Road, Chennai - 600 006. ... Respondents in both W.Ps
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W.P.(MD) Nos.16811 & 16812 of 2018
COMMON PRAYER in W.Ps.:
To issue a Writ of Certiorarified Mandamus or any other writ of
direction in the nature of writ, relating with Phase II result dated
06.07.2018 published by the 3rd respondent relating with the post of Post
Graduate Assistant Teachers in Commerce for the period 2016-17 and
quash the same it is arbitrary and illegal and in consequence to direct the
respondents to appoint the petitioner as the Post Graduate Assistant
Teacher in Commerce, in the Government schools and corporation
schools in pursuant to the certificate verification, held on 29.08.2017 and
to pass such and further relieves and thus render justice.
COMMON PRAYER in WMP(MD)Nos.14861 & 14863 of 2018:
To dispense with the production of the original impugned selection
list dated 06/07/2018 relating with the post of the Post Graduate
Assistant Teacher in Commerce of 3rd respondent for the period
2016-17.
COMMON PRAYER in WMP(MD)Nos.14862 & 14864 of 2018:
To direct the respondents to keep one post vacant in commerce for
the petitioner pending disposal of the writ petition.
(In both Writ Petitions)
APPEARANCE OF PARTIES:
For Petitioner : Mr.A.Logesh Kumar, Advocate
for Mr. R.Suriyanarayanan, Advocate
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W.P.(MD) Nos.16811 & 16812 of 2018
For Respondents : MrJ.Ashok, AGP for R1 & R2
: Mr.T.Amjad Khan,
Government Advocate for R3
JUDGMENT
Heard.
2. Since the relief sought in both writ petitions is similar, they
were clubbed and heard together. When the matter was taken up on
30.07.2018, the Respondents entered appearance. The 3rd Respondent
filed a counter affidavit 10.10.2018 in the first writ petition, and another
on 10.10.2018 in the second writ petition.
3. In the counter affidavit filed in the first writ petition, it was
stated that the cut-off mark for the Backward Class (General) category
was 88, while the Petitioner had secured 86 marks. The Teachers
Recruitment Board (TRB) had called all eligible candidates, including
the Petitioner, for certificate verification on 29.08.2017. Since the last
candidate selected under BC (General) had obtained 88 marks, the
Petitioner was found ineligible. A second round of certificate verification
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W.P.(MD) Nos.16811 & 16812 of 2018
was later conducted to fill vacancies in other departments, namely the
Adi Dravidar welfare Department and the Backward Class Department,
as well as in the Madras and Coimbatore Corporations. In this round
also, the TRB called all remaining unselected candidates, including the
Petitioner.
4. At that stage, one candidate, P.C. Biji, produced a teaching
experience certificate, on the basis of which one additional mark was
awarded, raising his final score to 88. It was therefore submitted that the
Petitioner could not claim parity with that candidate. The posts of PG
Assistant for the year 2016–2017, as notified, were duly filled, and
consequently, the Petitioner, M. Palanisamy, was not eligible for
selection.
5. A similar stand was taken in the second writ petition. For the
Backward Class Muslim (General) category, the cut-off mark was 88,
whereas the Petitioner had secured only 82 marks. Even during the
second round of verification conducted for filling vacancies in other
departments, the Petitioner was not found qualified. With respect to the
seats reserved for disabled candidates, the submissions made in
paragraphs 9 to 12 were as follows:
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W.P.(MD) Nos.16811 & 16812 of 2018
“9. It is submitted that several candidates who
belonged to Persons with Disability category filed writ
petition before Hon’ble High court challenging the
methodology adopted in the 4% reservation earmarked for
Persons with disability category.
10. It is submitted that the Hon’ble High Court in
order dated 07.08.2017 in W.P.No.13350/2017 has issued
Interim orders not to fill 4% vacancies earmarked Persons
with Disability category. Accordingly the Board reserved
4% vacancies for Persons with Disability categories unfilled
pursuant to interim orders of Hon’ble Court.
Meanwhile one petitioner under Persons with
Disability category Thiru.Manickaraj has filed W.P.(MD)
No. 17649 of 2017 before Hon’ble Madurai Bench of
Madras High Court stating that since he secured eligible
marks in General Category, he ought to be considered under
General Category even though he belongs to Persons with
Disability category. The Hon’ble Madurai Bench of Madras
High Court in order dated 20.09.2017 in W.P.(MD) No.
17649/2017 has directed the Board to select the petitioner
for the post of Post Graduate Assistant (Botany) in General
Category as he secured eligible marks.
11. It is submitted that pursuant to the orders of the
Hon’ble Court the Board called all the candidates from
Persons with Disability category who secured eligible marks
in General Category for Certificate Verification.
12. It is submitted that when the provisional selection
list was drawn one candidate in Persons with Disability
category has secured 94 marks in Backward Class Muslim
(General) turn. Therefore the above candidate was
considered in one vacancy reserved for Backward Class
Muslim General category on merits as he has secured higher
eligible marks.
Since the petitioner has not scored eligible marks for
provisional she was not considered for provisional selection
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W.P.(MD) Nos.16811 & 16812 of 2018
in Backward Class Muslim (General) turn category.”
6. In view of the above, the contentions advanced on behalf of the
Petitioners are devoid of merit. Consequently, both writ petitions stand
dismissed. All connected miscellaneous petitions are closed. No order as
to costs.
10.09.2025
Index: Yes / No
Speaking Order / Non-speaking Order
Neutral Citation : Yes / No
LS
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W.P.(MD) Nos.16811 & 16812 of 2018
Copy to:
1. State of Tamil Nadu
1.The Secretary,
Government of Tamilnadu,
School Education Department,
Fort St.George
Chennai- 600 009.
2.The Director of School Education,
College Road, Chennai - 600 006.
3.The Principal Secretary/Chairman,
Teachers Recruitment Board,
4th 11 Floor, E.V.K.Sampath Maligai,
College Road, Chennai - 600 006.
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W.P.(MD) Nos.16811 & 16812 of 2018
DR. A.D. MARIA CLETE, J.
LS
Pre-delivery Judgment made in
W.P. (MD) Nos.16811 & 16812 of 2018
10.09.2025
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