High Court · 2024

W.P(MD)No.5528 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED: 28.02.2025CORAM:THE HONOURABLE MR.JUSTICE BATTU DEVANANDW.P(MD)No.5528 of 2025and W.M.P.(MD) No.4031 of 2025S.Pazhamalai ... Petitioner Vs.1. The Secretary,Higher Education Department,Secretariate,Chennai – 600 009.2.The Secretary,Teachers Recruitment Board,College Road,Chennai. ...RespondentsPRAYER: Writ Petition is filed under Article 226 of the Constitution of India, a writ of mandamus forbearing the second respondent from conducting TNSET exam between 06.03.2025 and 09.03.2025 and consequently directing the second respondent to issue Fresh Notification for conducting TNSET Exam so as to enable the petitioner to apply based on his representations dated 21.02.2025 and 25.02.2025.For Petitioner: Mr.S.SankarFor R1 : Mr.T.Amjad Khan Government AdvocateFor R2: Mr.V.R.Shanmuganathan1/9 https://www.mhc.tn.gov.in/judis W.P(MD)No.5528 of 2025O R D E RThis writ petition is filed for issuance of a writ of mandamus forbearing the second respondent from conducting TNSET exam between 06.03.2025 and 09.03.2025 and consequently directing the second respondent to issue Fresh Notification for conducting TNSET Exam so as to enable the petitioner to apply based on his representations dated 21.02.2025 and 25.02.2025.2. Heard both sides and perused the records.3. The case of the petitioner is that the petitioner has completed M.Phil in Political Science and he working as Guest Lecturer in Government Law College, Trichy, since 2023. He has completed master degree in Political Science and hence he is eligible to compete for the post of Assistant Professor. For the recruitment of Assistant Professor, master degree with 55% of marks and 2/9 https://www.mhc.tn.gov.in/judis W.P(MD)No.5528 of 2025qualification SLET/NET or Ph.D are required. The petitioner is not having SLET/NET or Ph.D. The State of Tamil Nadu was conducting SLET examination through the State Level nodal agency periodically. In the year 2018, the Mother Teresa University conducted TNSET examination as Nodal agency. Thereafter, nodal agency status was given to Anna Univesity but they did not conduct TNSET examination through their agency. Thereafter, nodal agency status was given to Manonmaniam Sundaranar University, Tirunelveli. After 7 years, Manonmaniam Sundaranar University issued notification No.1/2024, dated 20th March, 2024 inviting the applications for TNSET examination. Just one week before the notification for TNSET, the second respondent herein issued notification No.2/2024 dated 14.3.2024 inviting 4000 vacancies of Assistant Profession in Tamilnadu Collegiate Education. In the meantime, the second respondent issued an addendum dated 27.02.2024 stating that those, who applied for TNSET examination, can apply for Teacher Recruitment Board Assistant Professor recruitment. But participation in the recruitment process is purely subject to pass in TNSET examination. 3/9 https://www.mhc.tn.gov.in/judis W.P(MD)No.5528 of 20254. The petitioner could not able to apply for TNSET examination pursuant to the notification dated 20th March 2024 due to his personal difficulties. Thereby, he could not able to apply for Teacher Recruitment Board recruitment for the post of Assistant Professors. On 22.07.2024, the second respondent issued a fresh release, wherein it is stated that written examination for the said recruitment will be postponed and further date will be announced later. But on 17.12.2024, the Government issued an order, wherein the second respondent is going to conduct TNSET examination for the upcoming academic year 2024 to 20227 by its Government Order in D.No.278 dated 17.12.2024. The second respondent Teachers Recruitment Board is nominated as nodal agency to conduct TNSET examination in the place of Manonmaniam Sundaranar University. Thereafter, the second respondent issued fresh press release on 14.02.2025 stating that TNSET examination will be conducted on 06.03.2025 and 09.03.2025.5. The learned counsel for the petitioner would submit that in the light of the change of the nodal agency from Manonmaniam Sundaranar University to the Teachers Recruitment Board, the second respondent has 4/9 https://www.mhc.tn.gov.in/judis W.P(MD)No.5528 of 2025to issue notification calling for the applications from the aspirants to write TNSET examination. Hence, the petitioner sent a detailed representation dated 25.02.2025 to the second respondent requesting to issue fresh notification and postpone the TNSET examination schedule from 06.03.2025 to 09.03.2025. As there is no response from the second respondent, the petitioner is constrained to file this writ petition.6. The learned standing counsel appearing for the second respondent would submit that the State Government nominated the Teachers Recruitment Board as nodal agency to conduct TNSET examination for the academic year 2024-2027 in the place of earlier nodal agency i.e Manonmaniam Sundaranar University. He further submits that the earlier nodal agency issued Notification No.1/2024 dated 20th March 2024 inviting applications for TNSET examination and the candidates, who intend to appear for TNSET examination, submitted their applications. Now the second respondent, after stepping into the shoes of the earlier nodal agency, as per the Government Order, is proceeding to conduct TNSET examination pursuant to Notification No.1 of 2024 dated 20th March 2024. As the petitioner did not submit his 5/9 https://www.mhc.tn.gov.in/judis W.P(MD)No.5528 of 2025application pursuance to Notification No.1/2024 dated 20th March 2024, now he cannot insist the second respondent to issue fresh notification calling for the applications from the candidates to participate in TNSET examination.7. Heard the learned counsel for the petitioner and the learned Government Advocate appearing on behalf of the first respondent and the learned standing counsel appearing for the second respondent and perused the records.8. Having heard the submissions of the respective counsels and on perusal of the materials available on record, it appears that the Government, vide its order in G.O.(D).No.278, dated 17.12.2024, appointed the Teachers Recruitment Board i.e the second respondent herein as nodal agency to conduct TNSET examination for the upcoming academic year 2024-2027 in the place of earlier nodal agency i.e Manonmaniam Sundaranar University. It is an admitted fact that the earlier nodal agency issued Notification No.1 of 2024 dated 20th March 2024 calling applications for TNSET examination and while the 6/9 https://www.mhc.tn.gov.in/judis W.P(MD)No.5528 of 2025proceedings are pending to conduct TNSET examination pursuant to Notification No.1 of 2024, the Government changed the nodal agency. Now the second respondent is goint to conduct the examination and issued schedule for the examination from 06.03.2025 to 09.03.2025. It appears that for the only reason that the petitioner failed to make his application pursuant to the notification No.1/2024 dated 20.03.2024, now he is insisting for fresh notification from the second respondent. Admittedly, as per the decision of the first respondent, the second respondent stepped into the shoes of the earlier nodal agency and proceeding further to conduct TNSET examinations pursuant to Notification No.1 of 2024 dated 20.03.2024. 9. Under these circumstances, in my considered view, there is no necessity for issuing fresh notification by the second respondent by cancelling the earlier notification to conduct TNSET examination. The petitioner failed to make out any case warranting interference of this Court by invoking Article 226 of the Constitution of India.7/9 https://www.mhc.tn.gov.in/judis W.P(MD)No.5528 of 202510. Accordingly, this writ petition is dismissed.There shall be no order as to costs. Consequently, connected miscellaneous petitions= is closed. 28.02.2025NCC : Yes / NoIndex: Yes / NoInternet: Yes / NoCMTo1. The Secretary,Higher Education Department,Secretariate,Chennai – 600 009.2.The Secretary,Teachers Recruitment Board,College Road,Chennai.8/9 https://www.mhc.tn.gov.in/judis W.P(MD)No.5528 of 2025BATTU DEVANAND, J.CMW.P(MD)No.5528 of 2025and W.M.P.(MD) No.4031 of 202528.02.20259/9