High Court · 2025

WP No. 3219 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 08-04-2025CORAMTHE HONOURABLE MR. JUSTICE S. M. SUBRAMANIAMANDTHE HONOURABLE MR. JUSTICE K. RAJASEKARWP No. 3219 of 2024andWMP Nos.3478, 3481, 3482 & 3484 of 20241. Silambu Vendhan,S/o Senguttuvan, No 19, Ellaiamman Koil Street, Ennore, Kathivakkam, Thermal Station, Thiruvallur-600057 2.Pandian KannusamyS/o Kannusamy No 39, Mandhiathoppu, Vedaranyam, Nagapattinam District-614810.3.Ganesan,S/o Chinnappaiyan, 1/70, Thoppanaickenpatty Natham North, Rasipuram, Namakkal-637407.4.Sangeetha Murugesan,W/o Murugesan, Kothamangalam,aliyur, Kilvelur Nagapattinam-6111104. https://www.mhc.tn.gov.in/judis WP No. 3219 of 20245. JEEVAW/o John Kennedy, 18, Kattabomman Street, Radha Nagar, Chrompet, Tambaram-600014.6.Baskalnathan Thangaprakasam,S/o Thangaprakasam 557(1) Anthoniyar Koil Street, Konerirajapuram Post, Thanjavur-613101.7.Singaravel Sundaram,S/o Sundaram, 377, Keela Mariyamman Koil Street, Panaveli, Thiruvaiyaru Taluk, Thanjavur-613101.8.Vinayagamurthi,S/o Rangasamy, 3/22 Mariamman Koil Street Idaiyapattu, Veedur Villupuram- 605652.9.Bakkiaraj Eakanathan,S/o Eakannathan 52/1, Mela Street, Mullangudi, Kattumannarkoil, Cuddalore-608302.10.Pugazhendi Pannerselvam,S/o Pannerselvam, 9 G South Street, Virudahnganallur, Manalmedu, Mayiladuthurai-600202.11.Satpathi AnandharasuS/o Anadharasu, 137, Kudisethi, Karpaganatharkulam, Thiruthuraipoondi Taluk, Thiruvarur-614703. https://www.mhc.tn.gov.in/judis WP No. 3219 of 202412.Devarajan KomalesanS/o Komalesan 71, Alamara Street, Sembedu, Guruvarapet, Vellore-631101.13.Jayagandhan,S/o Rajendran, No 95, Arijan Colony, S.Kaluvaipatti, Pudukottai-622201.14.S.Gurumurthy,S/o Selvraj Veerappan 208, North Street, Main Road, Palakkudi, Thiruvidaimaruthur Taluk, Thanjavur-612102.15.Atleswaran,S/o Kesavan, 77 D, Main Road, Radha Nallur, Mayiladuthurai-609202.16. PRAKASHS/o Kanniappan, 8, Kulalar Street,mandakiolathur, Thiruvannamalai- 60690417.Gnanasoundar,S/o Ponnusamy, 3/312, Thurinjipatti Village,pettatalapalli, Krishnagiri -635001.18.Jagedeesn Shanmugham,S/o Shanmugham, Thanneerpanthal Kadu Mariyamman Koil Street, Poolapallipatti Post, Namakkal-637406. https://www.mhc.tn.gov.in/judis WP No. 3219 of 202419. KALIDASANS/o Singaram, Kolagampatti Post, PR Patti Taluk, Dharmapuri District-63690320. MANOKARANS/o Mathappan, 2/134 A, Bajanai Koil Street, Eraiyur, Sunchalnatham, Dharmapuri-63681021. SARAVANAKUMARS/o Murugesan, 11/453, Vembur Dindigul-62470622. SILAMBARASANS/o Chinnasamy, Door No.3/111, Errbayanaalli Post, Nekkundhi, Dharmapuri-63681323.Sathish Babu,S/o Ramadoss, 370 Road Street, Kalambai Thiruvannamalai-604502Petitioner(s)Vs1. Union of India, Rep by The Secretary to Government of India, Ministry Human Resource and Development, Shastri Bhavan, 2, Jeevan Deep Building, Parliament Street, 2 (3) West Block No 1, R.K.Puram, New Delhi-110001. https://www.mhc.tn.gov.in/judis WP No. 3219 of 20242.The State of Tamil Nadu, Rep by,The Principal Secretary to Government, School Education Department, Secretariat, Chennai-93.The Member Secretary,National Council For Teacher Education, Hans Bhavan, Wing II, 1, Bahdursha Zafar Marg, New Delhi-110002.4.The Director Of School Education,School Education Department, DPI Campus, College Road, Chennai-6000065.The Member Secretary,Tamil Nadu Teachers Recruitment Board, DPI Campus, College Road, Chennai-600006.6.The Member Secretary,University Grants Commission, Bahdursha Zafar Marg, New Delhi-110002.Respondent(s)PRAYERDeclaring the re-issue of rules in G.O.Ms No 12 School Education (EE1(1)) Department, dated, 30.1.2020 and G.O.Ms No 13 School Education (S.E3(1)) Department, dated, 30.1.2020 in so far as Graduate Teacher (Tamil) issued by the 2nd Respondent as null and void offending the Fundamental Rights of the Petitioners and also consequential Clause 6 B of impugned notification No 03/2023, dated, 25.10.2023 in so far as Graduate Teacher (Tamil) issued by the 5th Respondent also null and void. https://www.mhc.tn.gov.in/judis WP No. 3219 of 2024For Petitioner(s):Mr.M.KamalanathanFor Respondent(s):Mr. K.Gangadaran, Central Government Standing Counsel For R1Mr.J.C.Durairaj,Additional Government Pleader For RR2 and 4.Mr.J.Hari Krishna,Standing Counsel For R3Mr.R.Neelakandan,Additional Advocate General Assisted by Mr.C.Kathiravan, Standing Counsel for TRB For R5Mrs.V.Sudha, Senior Panel Counsel For R6 ORDER(Order of the Court was made by S.M.Subramaniam J.)The writ of hand has been instituted, declaring the re-issue of rules in G.O.Ms No 12 School Education (EE1(1)) Department, dated, 30.1.2020 and G.O.Ms No 13 School Education (S.E3(1)) Department, dated, 30.1.2020 in so far as Graduate Teacher (Tamil) issued by the 2nd respondent as null and void https://www.mhc.tn.gov.in/judis WP No. 3219 of 2024offending the Fundamental Rights of the petitioners and also consequential Clause 6 B of impugned notification No.03/2023, dated, 25.10.2023 in so far as Graduate Teacher (Tamil) issued by the 5th respondent also null and void.2. The present writ petition has been instituted challenging the Tamil Nadu Elementary Educational Subordinate Service Rules, prescribing educational qualification more specifically, for Tamil. 3. The main ground raised by the petitioners are that as per the impugned new Rules, for recruitment in Tamil Nadu Elementary Educational Subordinate Services and Tamil Nadu Education Subordinate Services, those qualified with B.A(Tamil)/B.O.L/B.Lit/Pulavar Pattayam with TPT are not eligible to be appointed as Graduate Tamil in the State Government. The petitioners who possess the B.Lit and Pulavar Pattayam Degree are ineligible to participate in the process of selection and therefore, they have chosen to challenge the Rules.4. As per the Rules under challenge, the qualification for appointment to the post of Graduate Teacher in Tamil are as under: https://www.mhc.tn.gov.in/judis WP No. 3219 of 2024II 1. Graduate Teacher (Tamil)By Promotion or by transfer or by direct recruitment(a) Graduation and 2 year Diploma in Elementary Education (by whatever name known)orGraduation with at least 50% marks and Bachelor in Education (B.Ed)orGraduation with at least 45% marks and Bachelor in Education (B.Ed), in accordance with the National Council for Teacher Education (Recognition Norms and Procedure) Regulations issued from time to time in this regard.orHigher Secondary (or its equivalent) with at least 50% marks and 4-year Bachelor in Elementary Education (B.EI.Ed.)orHigher Secondary (or its equivalent) with atleast 50% marks and 4-year B.A/B.Sc.Ed. or B.A.Ed/B.Sc. EdorGraduation with atleast 50% marks and B.Ed. (Special Education)and(b) Pass in Teacher Eligibility Test (TET) for direct recruitment.Provided that a person with B.Ed (Special Education) qualification shall undergo, after appointment, an National Council for Teacher Education recognized 6-month special programme in Elementary Education.5. Prescribing educational qualification, age limit and other criteria for appointment to a post in Government Department is the policy decision of the https://www.mhc.tn.gov.in/judis WP No. 3219 of 2024Government which has been decided based on the expert opinion. The employer is empowered to prescribe the educational qualifications, which cannot be questioned merely on the ground that the degree possessed by the petitioners are also equivalent to that of the degree prescribed under the Rules. Even for declaration of equivalence between two Degrees obtained from various Universities across the Country, the Equivalence Committee duly constituted under the Rules has to make a recommendation and the Government has to accept and pass an appropriate order. Only in the event of Government passing an order granting equivalence, a candidate can claim that a particular degree possessed by him is equivalent to that of the degree prescribed for selection or appointment.6. Prescription of qualification, age limit and other criteria for selection and appointment being prerogative of an employer, the very challenge made relating to educational qualification is misconceived and deserves no merit consideration.7. The learned counsel for the petitioners would submit that the Government of Andhra Pradesh and Telangana has allowed such Degree as https://www.mhc.tn.gov.in/judis WP No. 3219 of 2024equivalent. However, the comparison of States in the present case would be of no avail, since it is a State Government Service and every State Government is empowered to prescribe educational qualifications, age limit, etc., as per their policy decision. Therefore, comparing the educational qualifications prescribed in another State, the petitioners cannot claim that the same qualification also to be taken into consideration as a valid qualification for appointment to a Government post in the Tamil Nadu Government. 8. Thus, the petitioners have not established any right for the purpose of considering the relief and consequently, the writ petition stands dismissed. There shall be no order as to costs. Consequently, the connected miscellaneous petitions stands closed. (S.M.SUBRAMANIAM J.) (K.RAJASEKAR J.)08-04-2025ssiIndex:Yes/NoSpeaking/Non-speaking orderInternet:YesNeutral Citation:Yes/No https://www.mhc.tn.gov.in/judis WP No. 3219 of 2024To1.Union of IndiaRep by The Secretary to Government Of India, Ministry Human Resource And Development, Shastri Bhavan, 2, Jeevan Deep Building, Parliament Street, 2 (3) West Block No 1, R.K.Puram, New Delhi-1100012.The State Of Tamil Nadu Rep By,The Principal Secretary To Government, School Education Department, Secretariat, Chennai-93.The Member Secretary,National Council For Teacher Education, Hans Bhavan, Wing Ii, 1, Bahdursha Zafar Marg, New Delhi-110002.4.The Director Of School Education,School Education Department, Dpi Campus, College Road, Chennai-6000065.The Member Secretary,Tamil Nadu Teachers Recruitment Board, Dpi Campus, College Road, Chennai-600006.6.Member Secretary,University Grants Commission, Bahdursha Zafar Marg, New Delhi-110002. https://www.mhc.tn.gov.in/judis WP No. 3219 of 2024S. M. SUBRAMANIAM J.ANDK. RAJASEKAR J.ssi WP No. 3219 of 202408-04-2025