Madrasreserved High Court · 2025

W.P.Nos.23128 & 26869 of 2024vacancies in respect of the subject – Geography in the post of BT Assistants/Graduate Teachers before proceeding further with appointments under Notification No.3/2023 dated 25.10.2023.2. The petitioners have approached this Court by filing the above writ petitions mainly on the ground that there are as many as 595 backlog vacancies with 400 among them for the subject – Geography and that without notifying and filling up the backlog vacancies for the subject - Geography, the third respondent issued a notification for direct recruitment. Hence, the petitioners are seeking for a direction to first fill up the backlog vacancies and thereafter proceed further with the direct recruitment against the current vacancies.3. Heard both.4. When W.P.No.23128 of 2024 came up for hearing on 22.8.2024, this Court passed the following order :“Heard Mrs. N. Kavitha Rameshwar, learned counsel for the petitioners, Mrs.S.Mythreya Chandru, learned Special Government Pleader 3/26 https://www.mhc.tn.gov.in/judis W.P.Nos.23128 & 26869 of 2024appearing on behalf of respondents 1 and 2 and Mr. R. Neelakandan, learned Additional Advocate General appearing on behalf of the third respondent. 2. The seminal question raised by the learned counsel for the petitioners is that the third respondent has issued a notification to fill up current vacancies numbering 87 to the post of Graduate Teachers (Geography). Whereas, during the earlier selection, a total of 400 backlog vacancies were identified for the post of Graduate Teachers (Geography) and out of the same, only 16 were filled up. In the present notification, there is not even a mention about the backlog vacancies and it talks only about the current vacancies.3. The learned counsel for the petitioners, by placing reliance upon Article 16(4B) of the Constitution of India, submitted that the State can fill up the unfilled vacancies of a year which are reserved in any succeeding year or years and such class of vacancies shall not be considered together with the vacancies of the year in which they are being filled up for determining the ceiling of 50%.4. The learned counsel for the petitioners also placed reliance upon the third proviso to Section 27(f) of the Tamil Nadu Government Servants (Conditions of Service) Act, 2016 (“the 2016 Act” for short). The learned counsel 4/26 https://www.mhc.tn.gov.in/judis W.P.Nos.23128 & 26869 of 2024submitted that the said proviso bans dereservation of vacancies reserved for candidates belonging to SC, ST, MBC, etc. According to the learned counsel, the petitioners belong to MBC community. Therefore, when such reserved seats are not able to be filled up, either they have to be filled up during the same recruitment process or they have to be treated as backlog vacancies which have to be carried forward to the next recruitment. While doing so, the current year vacancies and the backlog vacancies must be kept as two distinct groups and the next direct recruitment should be made from the backlog vacancies first.5. The learned counsel for the petitioners submitted that the respondents are now completely silent about the backlog vacancies and the present notification deals only with the current vacancies which goes against the Constitution of India and also the provisions of the 2016 Act.6. The learned counsel also placed specific reliance upon paragraphs 14 and 15 of the judgment of the Apex Court in Post-Graduate Institute of Medical Education and Research and others v. K.L.Narasimhan and others [AIR 1997 SC 3687]. 7. The learned Additional Advocate General, on oral instructions, submitted that the present notification took into account only the available 5/26 https://www.mhc.tn.gov.in/judis W.P.Nos.23128 & 26869 of 2024vacancies. However, he seeks for some time to file a counter affidavit in these writ petitions. He also brought to the notice of this Court, the orders passed in R.Manikandan and 8 others vs. State and 2 others [W.P.No.6294 of 2024 decided on 02.08.2024] and R.Rekha and 3 others vs. State and 2 others [W.P.No.22397 of 2024 decided on 02.08.2024], wherein, the same ground that was raised was not accepted by this Court and the writ petitions were dismissed. 8. The issue that has been raised by the learned counsel for the petitioners assumes great significance. Once the seats are reserved and all the seats are not able to be filled up during a recruitment process, they have to be necessarily carried forward to the next recruitment and the first preference must be given to those backlog vacancies If there is a power for de-reservation, then, the agency concerned must place the issue before the Government and the Government must pass necessary orders to justify dereservation. However, in the State of Tamil Nadu, there is a ban on de-reservation as per the 2016 Act. Therefore, this issue requires immediate consideration so that the confusion surrounding backlog vacancies and carrying them forward is resolved at the earliest. Post this writ petition under the caption “for orders” on 09.09.2024. In the meanwhile, counter 6/26 https://www.mhc.tn.gov.in/judis W.P.Nos.23128 & 26869 of 2024affidavit shall be filed by the respondents, after serving an advance copy on the learned counsel for the petitioners.”5. When W.P.No.23128 of 2024 came up for hearing on 09.9.2024, this Court passed the following order :“Pursuant to the earlier orders passed by this Court on 22.08.2024, the matter was listed for hearing today under the caption 'For Orders'. 2. The learned Special Government Pleader produced the written instructions from the Director of School Education dated 09.08.2024. The relevant portions are extracted hereunder: ‘6. Since all the existing vacancies during the years 2017-18, 2018- 19,2019-20 were fillup by way of deployment of surplus Graduate teachers, there was no vacancy remaining to fillup through direct recruitment as well as promotion. 4987 Secondary Grade Assistants. 3625 Physical Education teacher. 2290 Special teachers are working in the School alouse Education department in the feeder categories. As the vacancies araised during 2017-18 to 2019-20 were filled by way of deployment of surplus teachers it was not possible to promote the BT qualified feeder category teacher so far. Hence the same was informed to Teachers Recruitment Board, not to select 7/26 https://www.mhc.tn.gov.in/judis W.P.Nos.23128 & 26869 of 2024candidates for the backlog vacancies remaining if any pertaining to the selection in the year 2017.7. This fact was already submitted to Madurai Bench of Madras High Court in a case related to filling up of existing vacancies and Hon'ble High Court in the judgement dated. 26.02.2024 in W.P. (MD) No. 9465 of 2018 held as follows:- 2. ‘The learned additional Government Pleader submits that there are number of surplus BT Teachers identified in the Government Higher Secondary Schools during the year 2017- 2018, 2018-2019 and 2019-2020. They were more than the eligible vacancies, the surplus teachers were deployed to the said places to ensure that teachers are available.’ 8. In the Notification No.03/2023 dated 25.10.2023, current vacancies of 87 Geography subject is notified and the petitioners have also appeared in the said competitive examination. Based on the marks obtained by the petitioner in the competitive examination, by following Rule of reservation and other selection methods, Teacher Recruitment Board will select eligible candidates.’3. On carefully going through the written instructions, it is quite evident that the backlog vacancies that were identified have all now been filled up by deploying surplus teachers. 8/26 https://www.mhc.tn.gov.in/judis W.P.Nos.23128 & 26869 of 20244. In the light of the stand taken by the 1 st and 2 nd respondents, the short issue that arises for consideration is as to whether the vacancies that were reserved for candidates belonging to SC, ST, MBC etc., and which was not filled up in the earlier recruitment process and was treated as backlog vacancies, can be filled up by deploying the surplus teachers.5. Even in the earlier order, this Court after taking into consideration the rule position and the law on the issue, rendered a finding that whenever the reserved seats are treated as backlog vacancies, they should be carried forward to the next recruitment and the seats in the backlog vacancies must be first filled up in the next recruitment and only thereafter, the vacancies for that recruitment can be filled up. There is no indication in the written instructions that the seats have been de-reserved by any orders passed by the Government. In any case, the State of Tamil Nadu cannot de-reserve seats, since there is ban on de-reservation under the 2016 Act. 6. In the light of the above discussion, the learned Special Government Pleader shall get specific instructions as to how the backlog vacancies were filled up through the deployment of surplus teachers and whether the rule of reservation was followed in that regard. The entire 9/26 https://www.mhc.tn.gov.in/judis W.P.Nos.23128 & 26869 of 2024particulars by matching each deployment towards the concerned reserved seat shall be placed before this Court, if such deployment of surplus teachers had taken place as per the rule of reservation. 7. Post this case under the same caption on 23.09.2024.”6. The second respondent filed a counter affidavit dated 26.9.2024 in W.P.No.23128 of 2024 for himself and on behalf of the first respondent and thereafter, both the matters were listed again for hearing 01.10.2024, on which date, the following common order was passed by this Court in both the writ petitions :“Pursuant to the earlier order passed by this Court on 23.09.2024, the matter was listed for hearing today. 2. Counter affidavit of the 2nd respondent was filed before this Court. The relevant portions are extracted hereunder: ‘6. It is submitted that Since 2017 in Government High and Higher secondary Schools as on 1 st August the Graduate Teacher post has been determined by calculating the proportion of Teachers and student and deployed the surplus teachers in the interest of the welfare of student's Education has been done as follows:-YearSubjects10/26 https://www.mhc.tn.gov.in/judis W.P.Nos.23128 & 26869 of 2024TamilEnglishMathsScienceSocial ScienceTotal20174483131875066152069201834124317936042315462019Due to the Covid -19 Pandemic, the staff fixation was not carried out due to non functioning of the schools20202021314493999822383301120223674361333978819393314701485269826662240105597. It is further submitted that After a batch of recruitment during the year 2014-2015. There was no recruitment after words 195 not selected during the period 2014-15 selection were selected in the year of 2017. Hence all the backlog vacancies were filled up through deployment of Surplus Graduate Teacher from 2017-18 to 2021-2022. This is the main reason for not requesting the Teachers recruitment Board to select candidate for backlog vacancies (Geography Subject). 8. It is further submitted that proviso to section 27(f) (Reservation of Appointment) provides on follows:- 27(f) para 2 Provided that if qualified and suitable candidates belonging to any of the Scheduled caste and scheduled Tribes are not available for selection for appointment by recruitment by transfer or by promotion in the turns allotted to them in the cycle, the turns so allotted to them shall bot lapse and the number of candidates to be selected in that recruitment shall be reduced by the number of 11/26 https://www.mhc.tn.gov.in/judis W.P.Nos.23128 & 26869 of 2024candidates belonging to Scheduled Castes and scheduled Tribes not available for selection against the turn allotted to them. The unfilled vacancies reserved for the Scheduled Castes and Scheduled Tribes to be filled by recruitment by transfer or by promotion shall be carried over to four consecutive recruitment years. Namely year of recruitment plus three subsequent recruitment years. The selection for appointment to the vacancies in the next recruitment shall be made first for the carried over turns and then the normal rotation shall be followed. If qualified and suitable candidates belonging to any of the Scheduled castes and scheduled Tribes are not available for selection for appointment by recruitment by transfer or by promotion even thereafter. The vacancies reserved for those categories shall first be dereserved by obtaining the orders of the Government before filling them by candidates in the next turn in the order of rotation: 9. It is further submitted that the 400 backlog vacancies remain unfilled for 6 years. Hence as per said provides to section 27(f) the backlog vacancy are to be dereserved. In such situation the rule of reservation does not apply. Hence, in the interest of students these 400 vacancies were filled by deployment. Only in case of going for direct recruitment alone orders 12/26 https://www.mhc.tn.gov.in/judis W.P.Nos.23128 & 26869 of 2024regarding dereservation from the Government is necessary.’ 3. Heard the learned counsel for the petitioners and the learned Special Government Pleader for the respondents. 4. On carefully going through the counter that was filed today, it is seen that the backlog vacancies is claimed to have been filled up through deployment of surplus teachers from 2017-2018 to 2021-2022. 5. The above stand taken in the counter affidavit on the face of it is unsustainable. Deploying surplus teachers has nothing to do with backlog vacancies. In so far as deploying surplus teachers are concerned, such deployments take place in the available vacancies which is already in existence. Surplus teachers are deployed considering the students strength in the particular school and in the case of backlog vacancy, those vacancies needs to be filled up as per 2016 Act and it has to be carried forward to the next recruitment. Therefore, it is illogical to state that the backlog vacancies were filled up by deploying surplus teachers. Such a stand has been taken only to escape from the consequences of not filling up the backlog vacancies by carrying it forward to the next recruitment. This stand taken by the respondents is unsustainable and if the 13/26 https://www.mhc.tn.gov.in/judis W.P.Nos.23128 & 26869 of 2024respondents want to continue with this stand, this Court has to necessarily hold that deploying surplus teachers towards backlog vacancies is illegal in the teeth of the 2016 Act. 6. The present case has a wider ramification and the stand taken by the respondents is unsatisfactory. The respondents cannot continue with this stand and the backlog vacancies cannot be brushed under the carpet without dealing with the same. The learned Special Government Pleader for the respondents submitted that the respondents will take the opinion from the learned Advocate General and that the learned Advocate General will be engaged to appear in this case. 7. All the earlier orders passed by this Court in these writ petitions on 22.08.2024 and 09.09.2024 shall also be taken into consideration before a final stand is taken by the respondents. 8. Post these writ petitions on 17.10.2024 at the end of the motion list.”7. The cases were once again listed for hearing on 28.10.2024, on which date, the following common order came to be passed by this Court in both the writ petitions : “Heard Mrs.Kavitha Rameshwar learned counsel for the petitioners and Mr.P.S.Raman, 14/26 https://www.mhc.tn.gov.in/judis W.P.Nos.23128 & 26869 of 2024learned Advocate General appearing on behalf of the respondents. This Court will be able to take a final decision in this writ petition only if an affidavit is filed by the 1st respondent explaining as to how 409 backlog vacancies are going to be dealt with for Geography subject. During the hearing, the learned Advocate General handed over a sheet containing the accommodation of 87 persons in the backlog vacancies under various categories. This worksheet by itself will not suffice and an affidavit has to be filed by the 1st respondent. 2. The learned counsel for the petitioners and the learned Advocate General submitted that I Have already heard the matter substantially and therefore, the matter can be continued to be heard by me. The learned counsel for the petitioners and the learned Special Government Pleader shall place a joint memo before the Hon'ble Chief Justice to enable the matter to be placed before me for further hearing.”8. Pursuant to the above order dated 28.10.2024, a joint letter by both the learned counsel for the petitioners and the learned counsel appearing for the respondents was placed before My Lord the Hon’ble Chief Justice, who, through an administrative order dated 10.6.2025, directed both the above writ petitions to be listed before me as a 15/26 https://www.mhc.tn.gov.in/judis W.P.Nos.23128 & 26869 of 2024specially ordered case. Accordingly, these writ petitions were listed for final hearing.9. The third respondent filed two separate counter affidavits on 15.9.2025 in both the writ petitions. The relevant portions as contained in the counter filed by the third respondent in W.P.No.23128 of 2024 are extracted as hereunder : "4. It is submitted that the petitioners claims that they appeared for the examination on 04.02.2024. The petitioners belong to MBC category. 5. It is submitted that the petitioners in para 6 of the affidavit avers that for the direct recruitment there was 595 backlog vacancies, in the year 2017 only 195 vacancies were filled up. However, in Recruitment Notification No.3/2023 dated 25.10.2023 backlog vacancies has not been notified for the subject Geography.6. It is submitted that the Board was informed by the User Department/School Education that though there were Backlog Vacancies during the year 2017-2018 to 2019-2020, while determining the vacancies, it was found that there were surplus posts with Teachers and thus the said Teachers were fitted under Deployment in the said 16/26 https://www.mhc.tn.gov.in/judis W.P.Nos.23128 & 26869 of 2024Backlog vacancies arrived during year 2017-2018 to 2019 -2020. The said letter 01.09.2023 vide R.C.No.54271/C2/E2/2023 and 04.09.2023 is extracted hereunder: "5) gpd;dilTg; gzpaplq;fs; :2017-2018 Kjy; 2019-2020 Mk; Mz;L tiu Vw;gl;l gl;ljhhp Mrphpah; fhypg; gzpaplq;fistpl MrphpaUld; cghpg; gzpaplq;fs; (Surplus Post with person) Mrphpah; gzpahsh; eph;zaj;jpd;NghJ mjpfkhf fz;lwpag; gl;lijaLj;J midj;J fhypg; gzpaplq;fSk; gzpeputy;%yk; (Deployment) epug;gg; gl;ljhy; gpd;dilTf; fhypg; gzpaplq;fs; VJk; ,y;iy vd;w tptuk; njhptpf;fg;gLfpwJ. English Translation :-5) Backlog Vacancies :During the Determination of the vacancies in Teaching Posts, when there was surplus number of teachers (Surplus Post with Person) found in BT Assistant, the said vacancies arisen from 2017-18 to 2019-20, were filled up by Deployment of surplus Teachers and thus there are no backlog vacancies."10. The relevant portions as contained in the counter filed by the third respondent in W.P.No.26869 of 2024 are extracted as follows :17/26 https://www.mhc.tn.gov.in/judis W.P.Nos.23128 & 26869 of 2024“4. It is submitted that the petitioners claims that they appeared for the examination on 04.02.2024. The petitioners 1 to 3 belong to MBC category and the 4th petitioner belongs to BC category. 5. It is submitted that the petitioners in para 6 of the affidavit avers that for the direct recruitment there was 595 backlog vacancies, in the year 2017 only 195 vacancies were filled up. However, in Recruitment Notification No.3/2023 dated 25.10.2023 backlog vacancies has not been notified for the subject Geography.6. It is submitted that the Board was informed by the User Department/School Education vide its letter in R.C.No.54271/F2/E2/2023, dated 09.09.2023 that, though there were Backlog Vacancies during the year 2017-2018 to 2019-2020, while determining the vacancies, it was found that there were surplus posts with Teachers and thus the said Teachers were fitted under Deployment in the said Backlog vacancies arrived during year 2017-2018 to 2019 -2020. The relevant portion of the letter dated 09.09.2023 is extracted hereunder: "5) gpd;dilTg; gzpaplq;fs; :2017-2018 Kjy; 2019-2020 Mk; Mz;L tiu Vw;gl;l gl;ljhhp Mrphpah; fhypg; gzpaplq;fistpl MrphpaUld; cghpg; 18/26 https://www.mhc.tn.gov.in/judis W.P.Nos.23128 & 26869 of 2024gzpaplq;fs; (Surplus Post with person) Mrphpah; gzpahsh; eph;zaj;jpd;NghJ mjpfkhf fz;lwpag; gl;lijaLj;J midj;J fhypg; gzpaplq;fSk; gzpeputy;%yk; (Deployment) epug;gg; gl;ljhy; gpd;dilTf; fhypg; gzpaplq;fs; VJk; ,y;iy vd;w tptuk; njhptpf;fg;gLfpwJ. English Translation :-5) Backlog Vacancies :During the Determination of the vacancies in Teaching Posts, when there was surplus number of teachers (Surplus Post with Person) found in BT Assistant, the said vacancies arisen from 2017-18 to 2019-20, were filled up by Deployment of surplus Teachers and thus there are no backlog vacancies."11. In addition, the first respondent also filed an affidavit dated 15.9.2025 in W.P.No.23128 of 2024 by naming it as a reply affidavit. 12. This Court has carefully considered the submissions of the learned counsel on either side and perused the materials available on record.19/26 https://www.mhc.tn.gov.in/judis W.P.Nos.23128 & 26869 of 202413. The latest affidavit filed by the first respondent on 15.9.2025 gives a clear picture with respect to the backlog vacancies in various subjects. 14. In so far the post of B.T.Assistant (Geography) is concerned, 409 posts remained as backlog vacancies. Even though a stand was taken earlier to the effect that the backlog vacancies were all filled up through deployment of excess teachers from the year 2017, that stand has now been retracted since, presumably, such a stand is not maintainable. 15. It is clear from the materials available that there was no recruitment for the period from 2017-2018 upto 2021-2022 since there were excess teachers, who were deployed in the available vacancies. Hence, there was no occasion for the respondents to issue any notification calling for applications to fill up the posts. 16. During the year 2023, a total of 2000 vacancies were identified, out of which, 87 vacancies pertain to the subject – 20/26 https://www.mhc.tn.gov.in/judis W.P.Nos.23128 & 26869 of 2024Geography. Therefore, the Notification dated 25.10.2023 was issued to fill up the vacancies. The backlog vacancies can be carried forward only for BC, MBC and SC/ST communities. If any vacancy falling under the General Turn category is not filled up, the vacancy merely lapses and it cannot be carried forward. 17. It has been made clear in the reply affidavit dated 15.9.2025 filed by the first respondent that the 87 vacancies identified for the subject – Geography have been notified as current vacancies and that the backlog vacancies were not added in this recruitment. After considering the vacancy position, 382 backlog vacancies have been identified and it has been informed to this Court that those backlog vacancies are going to be filled up year after year. The 409 backlog vacancies are now reduced to 382 backlog vacancies since six vacancies falling under the General Turn category were deducted and out of the balance 403 backlog vacancies, 21 vacancies were identified as backlog vacancies estimated for the year 2024-25 and the same has been addressed to the third respondent to notify those 21 vacancies. If the said 21 vacancies are deducted from the 403 backlog 21/26 https://www.mhc.tn.gov.in/judis W.P.Nos.23128 & 26869 of 2024vacancies, the total comes to 382 backlog vacancies. These backlog vacancies are going to be filled up year after year. 18. It is brought to the notice of this Court that the entire 87 current vacancies in the subject – Geography have been filled up with eligible candidates and no vacancy remains. 19. The learned counsel appearing for the petitioners were not aggrieved by the Recruitment Notification dated 25.10.2023 since it covered only current vacancies. However, the petitioners have approached this Court seeking for a direction to first fill up the backlog vacancies and thereafter to fill up the current vacancies. 20. Per contra, the respective learned counsel appearing for the respondents submitted that the petitioners ought to have challenged the Notification dated 25.10.2023 since the backlog vacancies were not provided and filled up under this Notification. That apart, the 87 vacancies for the subject – Geography have already been filled up. Therefore, there is no scope to include the names of the petitioners 22/26 https://www.mhc.tn.gov.in/judis W.P.Nos.23128 & 26869 of 2024also and provide them with employment as B.T.Assistants/Graduate Teachers in the subject – Geography. According to them, the backlog vacancies are going to be filled up in future as per the mandate under Section 27(f) of the Tamil Nadu Government Servants (Conditions of Service) Act, 2016.21. In reply to the above submissions, the learned counsel for the petitioners submitted that the writ petitions were filed well on time, that they are pending before this Court, that all the vacancies were filled up and that the petitioners cannot be blamed for the same. 22. Considering the above submissions of the learned counsel for the petitioners, this Court wanted to ascertain the cut off marks fixed as per the revised provisional selection list dated 12.4.2025 for MBC, MBC (PSTM) and BC(W) as the petitioners fall under these categories. The cut off mark for the MBC candidates was fixed as 75.50 whereas the first petitioner in W.P.No.23128 of 2024 and petitioners 1 to 3 in W.P.No.26869 of 2024, who fall under this category, secured only 65, 69, 69, 66.50 marks respectively. 23/26 https://www.mhc.tn.gov.in/judis W.P.Nos.23128 & 26869 of 202423. In the same manner, the cut off mark fixed for MBC (PSTM) candidates was fixed as 72 whereas the second petitioner in W.P.No. 23128 of 2024, who falls under this category, secured only 59 marks. Further, in so far as the fourth petitioner in W.P.No.26869 of 2024 is concerned, the cut off mark for BC (W) was fixed as 70.50 whereas the fourth petitioner in W.P.No.26869 of 2024, who falls under this category, secured only 66 marks. 24. In the light of the above discussions, even if this Court was inclined to consider accommodating the petitioners, as could be seen from the materials available on record, they did not secure even the cut off marks for the respective categories. Therefore, there is no question of interfering with the filling up of 87 current vacancies in the subject –Geography pursuant to the Recruitment Notification dated 25.10.2023. 25. The undertaking given by the first respondent in the reply affidavit filed on 15.9.2025 is hereby recorded. It is made clear that 24/26 https://www.mhc.tn.gov.in/judis W.P.Nos.23128 & 26869 of 2024the 382 backlog vacancies shall be filled up year by year whenever the recruitment notifications are issued and the vacancy position shall be adjusted accordingly. 26. The writ petitions are disposed of in the above terms. No costs. 23.9.2025To1.The State of Tamil Nadu, rep. By its Principal Secretary to Government, School Education Department, Fort St.George, Chennai-9.2.The Director of School Education, DPI Campus, College Road, Chennai-6.3.The Teacher Recruitment Board (TRB), rep.by its Member Secretary, College Road, Chennai-6.RS25/26 https://www.mhc.tn.gov.in/judis W.P.Nos.23128 & 26869 of 2024N.ANAND VENKATESH,JRS WP.Nos.23128 & 26869 of202423.9.202526/26

W.P.Nos.23128 & 26869 of 2024vacancies in respect of the subject – Geography in the post of BT Assistants/Graduate Teachers before proceeding further with appointments under Notification No.3/2023 dated 25.10.2023.2. The petitioners have approached this Court by filing the above writ petitions mainly on the ground that there are as many as 595 backlog vacancies with 400 among them for the subject – Geography and that without notifying and filling up the backlog vacancies for the subject - Geography, the third respondent issued a notification for direct recruitment. Hence, the petitioners are seeking for a direction to first fill up the backlog vacancies and thereafter proceed further with the direct recruitment against the current vacancies.3. Heard both.4. When W.P.No.23128 of 2024 came up for hearing on 22.8.2024, this Court passed the following order :“Heard Mrs. N. Kavitha Rameshwar, learned counsel for the petitioners, Mrs.S.Mythreya Chandru, learned Special Government Pleader 3/26 https://www.mhc.tn.gov.in/judis W.P.Nos.23128 & 26869 of 2024appearing on behalf of respondents 1 and 2 and Mr. R. Neelakandan, learned Additional Advocate General appearing on behalf of the third respondent. 2. The seminal question raised by the learned counsel for the petitioners is that the third respondent has issued a notification to fill up current vacancies numbering 87 to the post of Graduate Teachers (Geography). Whereas, during the earlier selection, a total of 400 backlog vacancies were identified for the post of Graduate Teachers (Geography) and out of the same, only 16 were filled up. In the present notification, there is not even a mention about the backlog vacancies and it talks only about the current vacancies.3. The learned counsel for the petitioners, by placing reliance upon Article 16(4B) of the Constitution of India, submitted that the State can fill up the unfilled vacancies of a year which are reserved in any succeeding year or years and such class of vacancies shall not be considered together with the vacancies of the year in which they are being filled up for determining the ceiling of 50%.4. The learned counsel for the petitioners also placed reliance upon the third proviso to Section 27(f) of the Tamil Nadu Government Servants (Conditions of Service) Act, 2016 (“the 2016 Act” for short). The learned counsel 4/26 https://www.mhc.tn.gov.in/judis W.P.Nos.23128 & 26869 of 2024submitted that the said proviso bans dereservation of vacancies reserved for candidates belonging to SC, ST, MBC, etc. According to the learned counsel, the petitioners belong to MBC community. Therefore, when such reserved seats are not able to be filled up, either they have to be filled up during the same recruitment process or they have to be treated as backlog vacancies which have to be carried forward to the next recruitment. While doing so, the current year vacancies and the backlog vacancies must be kept as two distinct groups and the next direct recruitment should be made from the backlog vacancies first.5. The learned counsel for the petitioners submitted that the respondents are now completely silent about the backlog vacancies and the present notification deals only with the current vacancies which goes against the Constitution of India and also the provisions of the 2016 Act.6. The learned counsel also placed specific reliance upon paragraphs 14 and 15 of the judgment of the Apex Court in Post-Graduate Institute of Medical Education and Research and others v. K.L.Narasimhan and others [AIR 1997 SC 3687]. 7. The learned Additional Advocate General, on oral instructions, submitted that the present notification took into account only the available 5/26 https://www.mhc.tn.gov.in/judis W.P.Nos.23128 & 26869 of 2024vacancies. However, he seeks for some time to file a counter affidavit in these writ petitions. He also brought to the notice of this Court, the orders passed in R.Manikandan and 8 others vs. State and 2 others [W.P.No.6294 of 2024 decided on 02.08.2024] and R.Rekha and 3 others vs. State and 2 others [W.P.No.22397 of 2024 decided on 02.08.2024], wherein, the same ground that was raised was not accepted by this Court and the writ petitions were dismissed. 8. The issue that has been raised by the learned counsel for the petitioners assumes great significance. Once the seats are reserved and all the seats are not able to be filled up during a recruitment process, they have to be necessarily carried forward to the next recruitment and the first preference must be given to those backlog vacancies If there is a power for de-reservation, then, the agency concerned must place the issue before the Government and the Government must pass necessary orders to justify dereservation. However, in the State of Tamil Nadu, there is a ban on de-reservation as per the 2016 Act. Therefore, this issue requires immediate consideration so that the confusion surrounding backlog vacancies and carrying them forward is resolved at the earliest. Post this writ petition under the caption “for orders” on 09.09.2024. In the meanwhile, counter 6/26 https://www.mhc.tn.gov.in/judis W.P.Nos.23128 & 26869 of 2024affidavit shall be filed by the respondents, after serving an advance copy on the learned counsel for the petitioners.”5. When W.P.No.23128 of 2024 came up for hearing on 09.9.2024, this Court passed the following order :“Pursuant to the earlier orders passed by this Court on 22.08.2024, the matter was listed for hearing today under the caption 'For Orders'. 2. The learned Special Government Pleader produced the written instructions from the Director of School Education dated 09.08.2024. The relevant portions are extracted hereunder: ‘6. Since all the existing vacancies during the years 2017-18, 2018- 19,2019-20 were fillup by way of deployment of surplus Graduate teachers, there was no vacancy remaining to fillup through direct recruitment as well as promotion. 4987 Secondary Grade Assistants. 3625 Physical Education teacher. 2290 Special teachers are working in the School alouse Education department in the feeder categories. As the vacancies araised during 2017-18 to 2019-20 were filled by way of deployment of surplus teachers it was not possible to promote the BT qualified feeder category teacher so far. Hence the same was informed to Teachers Recruitment Board, not to select 7/26 https://www.mhc.tn.gov.in/judis W.P.Nos.23128 & 26869 of 2024candidates for the backlog vacancies remaining if any pertaining to the selection in the year 2017.7. This fact was already submitted to Madurai Bench of Madras High Court in a case related to filling up of existing vacancies and Hon'ble High Court in the judgement dated. 26.02.2024 in W.P. (MD) No. 9465 of 2018 held as follows:- 2. ‘The learned additional Government Pleader submits that there are number of surplus BT Teachers identified in the Government Higher Secondary Schools during the year 2017- 2018, 2018-2019 and 2019-2020. They were more than the eligible vacancies, the surplus teachers were deployed to the said places to ensure that teachers are available.’ 8. In the Notification No.03/2023 dated 25.10.2023, current vacancies of 87 Geography subject is notified and the petitioners have also appeared in the said competitive examination. Based on the marks obtained by the petitioner in the competitive examination, by following Rule of reservation and other selection methods, Teacher Recruitment Board will select eligible candidates.’3. On carefully going through the written instructions, it is quite evident that the backlog vacancies that were identified have all now been filled up by deploying surplus teachers. 8/26 https://www.mhc.tn.gov.in/judis W.P.Nos.23128 & 26869 of 20244. In the light of the stand taken by the 1 st and 2 nd respondents, the short issue that arises for consideration is as to whether the vacancies that were reserved for candidates belonging to SC, ST, MBC etc., and which was not filled up in the earlier recruitment process and was treated as backlog vacancies, can be filled up by deploying the surplus teachers.5. Even in the earlier order, this Court after taking into consideration the rule position and the law on the issue, rendered a finding that whenever the reserved seats are treated as backlog vacancies, they should be carried forward to the next recruitment and the seats in the backlog vacancies must be first filled up in the next recruitment and only thereafter, the vacancies for that recruitment can be filled up. There is no indication in the written instructions that the seats have been de-reserved by any orders passed by the Government. In any case, the State of Tamil Nadu cannot de-reserve seats, since there is ban on de-reservation under the 2016 Act. 6. In the light of the above discussion, the learned Special Government Pleader shall get specific instructions as to how the backlog vacancies were filled up through the deployment of surplus teachers and whether the rule of reservation was followed in that regard. The entire 9/26 https://www.mhc.tn.gov.in/judis W.P.Nos.23128 & 26869 of 2024particulars by matching each deployment towards the concerned reserved seat shall be placed before this Court, if such deployment of surplus teachers had taken place as per the rule of reservation. 7. Post this case under the same caption on 23.09.2024.”6. The second respondent filed a counter affidavit dated 26.9.2024 in W.P.No.23128 of 2024 for himself and on behalf of the first respondent and thereafter, both the matters were listed again for hearing 01.10.2024, on which date, the following common order was passed by this Court in both the writ petitions :“Pursuant to the earlier order passed by this Court on 23.09.2024, the matter was listed for hearing today. 2. Counter affidavit of the 2nd respondent was filed before this Court. The relevant portions are extracted hereunder: ‘6. It is submitted that Since 2017 in Government High and Higher secondary Schools as on 1 st August the Graduate Teacher post has been determined by calculating the proportion of Teachers and student and deployed the surplus teachers in the interest of the welfare of student's Education has been done as follows:-YearSubjects10/26 https://www.mhc.tn.gov.in/judis W.P.Nos.23128 & 26869 of 2024TamilEnglishMathsScienceSocial ScienceTotal20174483131875066152069201834124317936042315462019Due to the Covid -19 Pandemic, the staff fixation was not carried out due to non functioning of the schools20202021314493999822383301120223674361333978819393314701485269826662240105597. It is further submitted that After a batch of recruitment during the year 2014-2015. There was no recruitment after words 195 not selected during the period 2014-15 selection were selected in the year of 2017. Hence all the backlog vacancies were filled up through deployment of Surplus Graduate Teacher from 2017-18 to 2021-2022. This is the main reason for not requesting the Teachers recruitment Board to select candidate for backlog vacancies (Geography Subject). 8. It is further submitted that proviso to section 27(f) (Reservation of Appointment) provides on follows:- 27(f) para 2 Provided that if qualified and suitable candidates belonging to any of the Scheduled caste and scheduled Tribes are not available for selection for appointment by recruitment by transfer or by promotion in the turns allotted to them in the cycle, the turns so allotted to them shall bot lapse and the number of candidates to be selected in that recruitment shall be reduced by the number of 11/26 https://www.mhc.tn.gov.in/judis W.P.Nos.23128 & 26869 of 2024candidates belonging to Scheduled Castes and scheduled Tribes not available for selection against the turn allotted to them. The unfilled vacancies reserved for the Scheduled Castes and Scheduled Tribes to be filled by recruitment by transfer or by promotion shall be carried over to four consecutive recruitment years. Namely year of recruitment plus three subsequent recruitment years. The selection for appointment to the vacancies in the next recruitment shall be made first for the carried over turns and then the normal rotation shall be followed. If qualified and suitable candidates belonging to any of the Scheduled castes and scheduled Tribes are not available for selection for appointment by recruitment by transfer or by promotion even thereafter. The vacancies reserved for those categories shall first be dereserved by obtaining the orders of the Government before filling them by candidates in the next turn in the order of rotation: 9. It is further submitted that the 400 backlog vacancies remain unfilled for 6 years. Hence as per said provides to section 27(f) the backlog vacancy are to be dereserved. In such situation the rule of reservation does not apply. Hence, in the interest of students these 400 vacancies were filled by deployment. Only in case of going for direct recruitment alone orders 12/26 https://www.mhc.tn.gov.in/judis W.P.Nos.23128 & 26869 of 2024regarding dereservation from the Government is necessary.’ 3. Heard the learned counsel for the petitioners and the learned Special Government Pleader for the respondents. 4. On carefully going through the counter that was filed today, it is seen that the backlog vacancies is claimed to have been filled up through deployment of surplus teachers from 2017-2018 to 2021-2022. 5. The above stand taken in the counter affidavit on the face of it is unsustainable. Deploying surplus teachers has nothing to do with backlog vacancies. In so far as deploying surplus teachers are concerned, such deployments take place in the available vacancies which is already in existence. Surplus teachers are deployed considering the students strength in the particular school and in the case of backlog vacancy, those vacancies needs to be filled up as per 2016 Act and it has to be carried forward to the next recruitment. Therefore, it is illogical to state that the backlog vacancies were filled up by deploying surplus teachers. Such a stand has been taken only to escape from the consequences of not filling up the backlog vacancies by carrying it forward to the next recruitment. This stand taken by the respondents is unsustainable and if the 13/26 https://www.mhc.tn.gov.in/judis W.P.Nos.23128 & 26869 of 2024respondents want to continue with this stand, this Court has to necessarily hold that deploying surplus teachers towards backlog vacancies is illegal in the teeth of the 2016 Act. 6. The present case has a wider ramification and the stand taken by the respondents is unsatisfactory. The respondents cannot continue with this stand and the backlog vacancies cannot be brushed under the carpet without dealing with the same. The learned Special Government Pleader for the respondents submitted that the respondents will take the opinion from the learned Advocate General and that the learned Advocate General will be engaged to appear in this case. 7. All the earlier orders passed by this Court in these writ petitions on 22.08.2024 and 09.09.2024 shall also be taken into consideration before a final stand is taken by the respondents. 8. Post these writ petitions on 17.10.2024 at the end of the motion list.”7. The cases were once again listed for hearing on 28.10.2024, on which date, the following common order came to be passed by this Court in both the writ petitions : “Heard Mrs.Kavitha Rameshwar learned counsel for the petitioners and Mr.P.S.Raman, 14/26 https://www.mhc.tn.gov.in/judis W.P.Nos.23128 & 26869 of 2024learned Advocate General appearing on behalf of the respondents. This Court will be able to take a final decision in this writ petition only if an affidavit is filed by the 1st respondent explaining as to how 409 backlog vacancies are going to be dealt with for Geography subject. During the hearing, the learned Advocate General handed over a sheet containing the accommodation of 87 persons in the backlog vacancies under various categories. This worksheet by itself will not suffice and an affidavit has to be filed by the 1st respondent. 2. The learned counsel for the petitioners and the learned Advocate General submitted that I Have already heard the matter substantially and therefore, the matter can be continued to be heard by me. The learned counsel for the petitioners and the learned Special Government Pleader shall place a joint memo before the Hon'ble Chief Justice to enable the matter to be placed before me for further hearing.”8. Pursuant to the above order dated 28.10.2024, a joint letter by both the learned counsel for the petitioners and the learned counsel appearing for the respondents was placed before My Lord the Hon’ble Chief Justice, who, through an administrative order dated 10.6.2025, directed both the above writ petitions to be listed before me as a 15/26 https://www.mhc.tn.gov.in/judis W.P.Nos.23128 & 26869 of 2024specially ordered case. Accordingly, these writ petitions were listed for final hearing.9. The third respondent filed two separate counter affidavits on 15.9.2025 in both the writ petitions. The relevant portions as contained in the counter filed by the third respondent in W.P.No.23128 of 2024 are extracted as hereunder : "4. It is submitted that the petitioners claims that they appeared for the examination on 04.02.2024. The petitioners belong to MBC category. 5. It is submitted that the petitioners in para 6 of the affidavit avers that for the direct recruitment there was 595 backlog vacancies, in the year 2017 only 195 vacancies were filled up. However, in Recruitment Notification No.3/2023 dated 25.10.2023 backlog vacancies has not been notified for the subject Geography.6. It is submitted that the Board was informed by the User Department/School Education that though there were Backlog Vacancies during the year 2017-2018 to 2019-2020, while determining the vacancies, it was found that there were surplus posts with Teachers and thus the said Teachers were fitted under Deployment in the said 16/26 https://www.mhc.tn.gov.in/judis W.P.Nos.23128 & 26869 of 2024Backlog vacancies arrived during year 2017-2018 to 2019 -2020. The said letter 01.09.2023 vide R.C.No.54271/C2/E2/2023 and 04.09.2023 is extracted hereunder: "5) gpd;dilTg; gzpaplq;fs; :2017-2018 Kjy; 2019-2020 Mk; Mz;L tiu Vw;gl;l gl;ljhhp Mrphpah; fhypg; gzpaplq;fistpl MrphpaUld; cghpg; gzpaplq;fs; (Surplus Post with person) Mrphpah; gzpahsh; eph;zaj;jpd;NghJ mjpfkhf fz;lwpag; gl;lijaLj;J midj;J fhypg; gzpaplq;fSk; gzpeputy;%yk; (Deployment) epug;gg; gl;ljhy; gpd;dilTf; fhypg; gzpaplq;fs; VJk; ,y;iy vd;w tptuk; njhptpf;fg;gLfpwJ. English Translation :-5) Backlog Vacancies :During the Determination of the vacancies in Teaching Posts, when there was surplus number of teachers (Surplus Post with Person) found in BT Assistant, the said vacancies arisen from 2017-18 to 2019-20, were filled up by Deployment of surplus Teachers and thus there are no backlog vacancies."10. The relevant portions as contained in the counter filed by the third respondent in W.P.No.26869 of 2024 are extracted as follows :17/26 https://www.mhc.tn.gov.in/judis W.P.Nos.23128 & 26869 of 2024“4. It is submitted that the petitioners claims that they appeared for the examination on 04.02.2024. The petitioners 1 to 3 belong to MBC category and the 4th petitioner belongs to BC category. 5. It is submitted that the petitioners in para 6 of the affidavit avers that for the direct recruitment there was 595 backlog vacancies, in the year 2017 only 195 vacancies were filled up. However, in Recruitment Notification No.3/2023 dated 25.10.2023 backlog vacancies has not been notified for the subject Geography.6. It is submitted that the Board was informed by the User Department/School Education vide its letter in R.C.No.54271/F2/E2/2023, dated 09.09.2023 that, though there were Backlog Vacancies during the year 2017-2018 to 2019-2020, while determining the vacancies, it was found that there were surplus posts with Teachers and thus the said Teachers were fitted under Deployment in the said Backlog vacancies arrived during year 2017-2018 to 2019 -2020. The relevant portion of the letter dated 09.09.2023 is extracted hereunder: "5) gpd;dilTg; gzpaplq;fs; :2017-2018 Kjy; 2019-2020 Mk; Mz;L tiu Vw;gl;l gl;ljhhp Mrphpah; fhypg; gzpaplq;fistpl MrphpaUld; cghpg; 18/26 https://www.mhc.tn.gov.in/judis W.P.Nos.23128 & 26869 of 2024gzpaplq;fs; (Surplus Post with person) Mrphpah; gzpahsh; eph;zaj;jpd;NghJ mjpfkhf fz;lwpag; gl;lijaLj;J midj;J fhypg; gzpaplq;fSk; gzpeputy;%yk; (Deployment) epug;gg; gl;ljhy; gpd;dilTf; fhypg; gzpaplq;fs; VJk; ,y;iy vd;w tptuk; njhptpf;fg;gLfpwJ. English Translation :-5) Backlog Vacancies :During the Determination of the vacancies in Teaching Posts, when there was surplus number of teachers (Surplus Post with Person) found in BT Assistant, the said vacancies arisen from 2017-18 to 2019-20, were filled up by Deployment of surplus Teachers and thus there are no backlog vacancies."11. In addition, the first respondent also filed an affidavit dated 15.9.2025 in W.P.No.23128 of 2024 by naming it as a reply affidavit. 12. This Court has carefully considered the submissions of the learned counsel on either side and perused the materials available on record.19/26 https://www.mhc.tn.gov.in/judis W.P.Nos.23128 & 26869 of 202413. The latest affidavit filed by the first respondent on 15.9.2025 gives a clear picture with respect to the backlog vacancies in various subjects. 14. In so far the post of B.T.Assistant (Geography) is concerned, 409 posts remained as backlog vacancies. Even though a stand was taken earlier to the effect that the backlog vacancies were all filled up through deployment of excess teachers from the year 2017, that stand has now been retracted since, presumably, such a stand is not maintainable. 15. It is clear from the materials available that there was no recruitment for the period from 2017-2018 upto 2021-2022 since there were excess teachers, who were deployed in the available vacancies. Hence, there was no occasion for the respondents to issue any notification calling for applications to fill up the posts. 16. During the year 2023, a total of 2000 vacancies were identified, out of which, 87 vacancies pertain to the subject – 20/26 https://www.mhc.tn.gov.in/judis W.P.Nos.23128 & 26869 of 2024Geography. Therefore, the Notification dated 25.10.2023 was issued to fill up the vacancies. The backlog vacancies can be carried forward only for BC, MBC and SC/ST communities. If any vacancy falling under the General Turn category is not filled up, the vacancy merely lapses and it cannot be carried forward. 17. It has been made clear in the reply affidavit dated 15.9.2025 filed by the first respondent that the 87 vacancies identified for the subject – Geography have been notified as current vacancies and that the backlog vacancies were not added in this recruitment. After considering the vacancy position, 382 backlog vacancies have been identified and it has been informed to this Court that those backlog vacancies are going to be filled up year after year. The 409 backlog vacancies are now reduced to 382 backlog vacancies since six vacancies falling under the General Turn category were deducted and out of the balance 403 backlog vacancies, 21 vacancies were identified as backlog vacancies estimated for the year 2024-25 and the same has been addressed to the third respondent to notify those 21 vacancies. If the said 21 vacancies are deducted from the 403 backlog 21/26 https://www.mhc.tn.gov.in/judis W.P.Nos.23128 & 26869 of 2024vacancies, the total comes to 382 backlog vacancies. These backlog vacancies are going to be filled up year after year. 18. It is brought to the notice of this Court that the entire 87 current vacancies in the subject – Geography have been filled up with eligible candidates and no vacancy remains. 19. The learned counsel appearing for the petitioners were not aggrieved by the Recruitment Notification dated 25.10.2023 since it covered only current vacancies. However, the petitioners have approached this Court seeking for a direction to first fill up the backlog vacancies and thereafter to fill up the current vacancies. 20. Per contra, the respective learned counsel appearing for the respondents submitted that the petitioners ought to have challenged the Notification dated 25.10.2023 since the backlog vacancies were not provided and filled up under this Notification. That apart, the 87 vacancies for the subject – Geography have already been filled up. Therefore, there is no scope to include the names of the petitioners 22/26 https://www.mhc.tn.gov.in/judis W.P.Nos.23128 & 26869 of 2024also and provide them with employment as B.T.Assistants/Graduate Teachers in the subject – Geography. According to them, the backlog vacancies are going to be filled up in future as per the mandate under Section 27(f) of the Tamil Nadu Government Servants (Conditions of Service) Act, 2016.21. In reply to the above submissions, the learned counsel for the petitioners submitted that the writ petitions were filed well on time, that they are pending before this Court, that all the vacancies were filled up and that the petitioners cannot be blamed for the same. 22. Considering the above submissions of the learned counsel for the petitioners, this Court wanted to ascertain the cut off marks fixed as per the revised provisional selection list dated 12.4.2025 for MBC, MBC (PSTM) and BC(W) as the petitioners fall under these categories. The cut off mark for the MBC candidates was fixed as 75.50 whereas the first petitioner in W.P.No.23128 of 2024 and petitioners 1 to 3 in W.P.No.26869 of 2024, who fall under this category, secured only 65, 69, 69, 66.50 marks respectively. 23/26 https://www.mhc.tn.gov.in/judis W.P.Nos.23128 & 26869 of 202423. In the same manner, the cut off mark fixed for MBC (PSTM) candidates was fixed as 72 whereas the second petitioner in W.P.No. 23128 of 2024, who falls under this category, secured only 59 marks. Further, in so far as the fourth petitioner in W.P.No.26869 of 2024 is concerned, the cut off mark for BC (W) was fixed as 70.50 whereas the fourth petitioner in W.P.No.26869 of 2024, who falls under this category, secured only 66 marks. 24. In the light of the above discussions, even if this Court was inclined to consider accommodating the petitioners, as could be seen from the materials available on record, they did not secure even the cut off marks for the respective categories. Therefore, there is no question of interfering with the filling up of 87 current vacancies in the subject –Geography pursuant to the Recruitment Notification dated 25.10.2023. 25. The undertaking given by the first respondent in the reply affidavit filed on 15.9.2025 is hereby recorded. It is made clear that 24/26 https://www.mhc.tn.gov.in/judis W.P.Nos.23128 & 26869 of 2024the 382 backlog vacancies shall be filled up year by year whenever the recruitment notifications are issued and the vacancy position shall be adjusted accordingly. 26. The writ petitions are disposed of in the above terms. No costs. 23.9.2025To1.The State of Tamil Nadu, rep. By its Principal Secretary to Government, School Education Department, Fort St.George, Chennai-9.2.The Director of School Education, DPI Campus, College Road, Chennai-6.3.The Teacher Recruitment Board (TRB), rep.by its Member Secretary, College Road, Chennai-6.RS25/26 https://www.mhc.tn.gov.in/judis W.P.Nos.23128 & 26869 of 2024N.ANAND VENKATESH,JRS WP.Nos.23128 & 26869 of202423.9.202526/26