High Court · 2025

W.P.No.10096 of 2023IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 25.03.2025CORAM:THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYANW.P.No.10096 of 2023andW.M.P.No.10159 of 2023J. Madhumalar.. Petitioner Versus1. The Government of Tamil NaduRep by its Principal Secretary,School Education Department,Fort St.George, Secretariat,Chennai – 600 009.2. The Director of School Education,DPI Campus, College Road,Chennai – 600 006.3. The Secretary,The Teachers Recruitment Board,DPI Campus, College Road,Chennai – 600 006 . ...Respondents Prayer: This petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records of Notification No.1E/2022 dated 17.09.2022, Amendment to 1/12 https://www.mhc.tn.gov.in/judis W.P.No.10096 of 2023Notification No.01/2021 & 01D/2022, dated 09.09.2021 & 27.08.2022 and quash the same and consequently direct the 3rd respondent to appoint the petitioner as per Notification No.1/2021 dated 09.09.2021 vacancy list in the Political Science subject and to pass orders. For Petitioner : Mr.K. Manimaran For Respondents 1 and 2: Mr. S.Prabhakaran,GAFor Respondent -3 : Mr.R.Siddharth, STC ORDERThis writ petition is filed seeking to issue a Writ of Certiorarified Mandamus calling for the records of Notification No.1E/2022 dated 17.09.2022, Amendment to Notification No.01/2021 & 01D/2022, dated 09.09.2021 & 27.08.2022 and quash the same and consequently direct the 3rd respondent to appoint the petitioner as per Notification No.1/2021 dated 09.09.2021 vacancy list in the Political Science subject and to pass orders. 2.The facts of the case is that the petitioner who is a Political Science graduate has been selected for the post of Post Graduate Assistant. TRB vide its advertisement No.01/2021 had given a 2/12 https://www.mhc.tn.gov.in/judis W.P.No.10096 of 2023notification dated 09.09.2021 inviting application for direct recruitment and amended the said notification vide notification No.1C/2022 dated 03.08.2022 and further amended vide notification dated 27.08.2022. On the same day of notification, the list of eligible candidates was published by the TRB and called for certificate verification and he also attended on 02.09.2022. However, he has not been selected due to the Notification No.1E/2022 dated 19.07.2022, Amendment to Notification No.01/2021 &01D/2022, dated 09.09.2021 & 27.08.2022 respectively issued by the TRB, wherein, it was stated that the recruitment is for only 3 posts, out of 22 posting, (removing 5 backlog vacancies and all 14 current vacancies) in the political science subject. Aggrieved over the same the petitioner has come up with this petition. 3.The learned counsel for the petitioner submitted that the Teachers Recruitment Board has issued a notification on 27.08.2022 wherein, an amendment was made to the earlier notification dated 09.09.2021 and thereby the vacancy was enhanced from 2207 to 3237 posts ( 269 backlog and 1968 current vacancy). Thereafter, on 3/12 https://www.mhc.tn.gov.in/judis W.P.No.10096 of 202327.08.2022 two notifications was issued wherein the previous notification dated 09.09.2021 was amended. However, the number of vacancy remains the same without any change with regard to political science subject, due to which the petitioner was called for certificate verification and he also attended on 02.09.2022. After attending the certificate verification TRB has issued another notification on 17.09.2022 in Notification No.1E/2022 Amendment to Notification No.01/2021 & 01D/2022, dated 09.09.2021 & 27.08.2022, due to which the petitioner has not been selected for the post of Post Graduate Assistant. The learned counsel for the petitioner further contends that any modification in selection and vacancy should be intimated well in advance and should not be done after completion of selection process. Hence, prays to allow this petition.4. The leaned standing counsel appearing for the respondent has filed a counter affidavit wherein, it has been stated that the appointing authorities have issued the appointment orders based on the provisional selection list dated 13.10.2022 and the selected candidates have joined 4/12 https://www.mhc.tn.gov.in/judis W.P.No.10096 of 2023their respective posts. Therefore, the entire recruitment for the post of Post Graduate Assistants for the year 2020-2021 has already attended finality. Hence prays to dismiss this petition.5. Heard both sides and perused the materials available on record.6. Before adverting further it would be relevant to go through the counter affidavit filed by the respondents and the relevant portion is extracted hereunder:It is submitted that the Board has further made an amendment to Notification No.01/2021 & 01C/2022 vide Notification No.01D/2022 dated 27.08.2022 whereby the vacancies were notified as 3236 ( Backlog Vacancy – 251 and Current Vacancy – 2985) and the relevant portion for the subject political science is extracted hereunder:“ It is hereby informed that in the Notification No.01/2021, dated 09.09.2021 & O1C/2022 dated 03.08.2022 for the direct recruitment for post Graduate Assistants/Physical Education Director Grade – I/Computer Instructor Grade-1 in School Education and other Departments for the year 2020-21 to 2022-23, in para 1 Number of vacancies, the following amendments are issued”. Backlog Vacancy:A. School Education Department:5/12 https://www.mhc.tn.gov.in/judis W.P.No.10096 of 2023Subject: Political ScienceEarlierNow to be read asTurnNo. of VacanciesTurnNo. of VacanciesMBC/DNC3MBC/DNC3MBC/DNC CAT 31MBC/DNCCAT 31SC2SC2ST1ST1MBC/DNC-Telugu1MBC/DNC-Telugu1Total8Total8 Current Vacancy:A. School Education Department:Subject: Political Science EarlierNow to be read asTurnNo. of VacanciesTurnNo. of VacanciesSGT 10%GT2GT20GT T1GT T10GT W1GT W10GT W CAT 21GT W CAT 210BC3BC30BC W2BC W20MBC/DNC T1MBC/DNC T10MBC/DNC1MBC/DNC10SC1SC10SCA1SCA10Total14Total14 Nil C. Chennai CorporationSubject: Political ScienceEarlierNow to be read asTurnNo.of VacanciesTurnNo.of VacanciesSGT10%GT1GT10Grand Total1 Grand Total1 Nil6/12 https://www.mhc.tn.gov.in/judis W.P.No.10096 of 2023It is submitted that on 27.08.2022 the Board released the list of candidates for Certificate Verification on its official website. It is submitted that the petitioner's name was included in the list of candidates called for certificate verification in Serial No.6 and the petitioner attended the same on 02.09.2022. It is submitted that the Board as per the request from the user Department released an amendment to Notification No.01/2021 &01D/2022 as Notification No.01E/2022 dated 17.09.2022 in which the number of vacancies notified was changed from 3236 to 3209 ( Backlog-244 and Current Vacancy – 2965) and the vacancies notified for the subjects Bio-Chemistry and Indian Culture were made NIL and the relevant portion for the subject Political Science is extracted hereunder:“ It is hereby informed that in the Board Notification No.01/2021, dated 09.09.2021 & 01D/2022 dated 27.08.2022 for the direct recruitment for Post Graduate Assistant / Physical Education Director Grade-I/Computer Grade – I in School Education and other Departments for the year 2020-21 to 2022-23 in para 1 number of vacancies (A) and para 3 subject wise details of Current Vacancies. (A) School Education Department the following amendments are being made based on the request from the user department”Backlog Vacancies:-A.School Education Department:7/12 https://www.mhc.tn.gov.in/judis W.P.No.10096 of 2023Subject: Political ScienceEarlierNow to be rad asTurnNo.of VacanciesTurnNo.of VacanciesMBC/DNC3MBC/DNC1MBC/DNC CAT e31MBC/DNC CAT e0SC2SC1ST1ST1MBC/DNC(telegu)1MBC/DNC(telegu)0Total8Total3Current Vacancies:-A.School Education Department:Subject:Political ScienceEarlierNow to be read asTurnNo. of VacanciesTurnNow of VacanciesSGT 10%GT2GT00GT T1GT T00GT W1GT W00GT CAT 21GT CAT 200BC3BC00BC W2BC W00MBC/DNC T1MBC/DNC T00MBC/DNC1MBC/DNC00SC1SC00SCA1SCA00Total14TotalNilNilIt is further submitted that as per Notification No.01/2021 dated 09.09.2021, under clause 14 it is submitted as follows:“14. General Information: V. The number of vacancies notified is only tentative and it is liable for modification with 8/12 https://www.mhc.tn.gov.in/judis W.P.No.10096 of 2023reference to vacancy position of user Departments before finalization of Selection.”7. Therefore, it is made clear that there is no vacancy for BC Category in Political Science according to the Notification No.01E/2022 dated 17.09.2022 and there was one vacancy under GT category ( Chennai Corporation) in political science according to the Notification No.1D/2022 and the said post was filled accordingly:S.NoNameD.OBGenderCommunityMarksTurn1SivaKumar S05.07.10984Male BC92GT CCThe petitioner has not been considered for selection as she has scored less marks( 79 marks) than that of the selected candidate.8. In view of the above it is seen that the petitioner's claim to quash the notification No.1E/2022 dated 17.09.2022 on the grounds of being illegal and arbitrary is not valid as the number of vacancies notified are in accordance with the request of the Department. Further it was already mentioned in the Notification No.01/2021 dated 09.09.2021, that the number of vacancies notified are tentative and is liable for 9/12 https://www.mhc.tn.gov.in/judis W.P.No.10096 of 2023modification with reference to vacancy position of Departments before finalization of selection.9. In view of the above, it is made clear that the contentions of the petitioner is devoid of merits and the same cannot be accepted by this Court. Hence, this petition deserves to be dismissed. Accordingly this petition is dismissed. No order as to costs. Consequently the connected miscellaneous petition is closed.25.03.2025Speaking order : Yes/NoNeutral citation : Yes/NoIndex : Yes/NosmnTo1. The Principal Secretary,School Education Department,Fort St.George, Secretariat,Chennai – 600 009.2. The Director of School Education,DPI Campus, College Road,Chennai – 600 006.3. The Secretary,10/12 https://www.mhc.tn.gov.in/judis W.P.No.10096 of 2023The Teachers Recruitment Board,DPI Campus, College Road,Chennai – 600 006 . 11/12 https://www.mhc.tn.gov.in/judis W.P.No.10096 of 2023V.BHAVANI SUBBAROYAN, J.smnW.P.No.10096 of 2023andW.M.P.No.10159 of 202325.03.202512/12