Dismissed

Thamilarasi.N v. State of Tamil Nadu

Madras HC22 Nov 2021WP(MD)/6242/2021

Case brief

AI extract

What is this about?

The Madurai Bench of Madras High Court dismissed a writ petition seeking declaration that Rule 6 of the Special Rules for Tamil Nadu Higher Secondary Educational Service, prescribing a maximum age limit of 40 for teacher recruitment, was illegal. The court found the petition infructuous due to a subsequent Government Order raising the age limit.

What did the court decide?

Writ Petition dismissed as infructuous.

Thamilarasi.N Vs State of Tamil Nadu — Service and Employment | Madras HC (2021)

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W.P(MD)No.6242 of 2021

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.11.2021 CORAM:

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THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA AND

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THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.P(MD)No.6242 of 2021

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1.N.Thamilarasi 2.N.Srinivasan 3.N.C.Kalaiselvi 4.V.Panneerselvam 5.K.Singaravel 6.K.Sasikala 7.P.Sekar 8.M.Kirubakaran ... Petitioners Vs. 1.State of Tamil Nadu, Rep. by its Principal Secretary to the Government, School Education Department, Fort St. George, Chennai – 9. 2.The Director of School Education, DPI Campus, Chennai – 6. 3.Teachers Recruitment Board, Rep. by its Chairman, 3^rd Floor, Dr. MGR Centenary Building, DPI Campus, College Road, Chennai- 6. 4.Teachers Recruitment Board, Rep. by its Member Secretary, 3^rd Floor, Dr. MGR Centenary Building, DPI Campus, College Road, Chennai- 6. ... Respondents

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Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Declaration, declaring Rule 6 of the Special Rules for the Tamil Nadu Higher Secondary Educational Service prescribing maximum age limit as 40 and the consequential Notification/Advertisement No.01/2021, issued by the https://hcservices.ecourts.gov.in/hcservices/ 3^rd Respondent dated 11.02.2021 as illegal in so far as Clause 5(a)

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W.P(MD)No.6242 of 2021

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prescribing maximum age limit as 40 is concerned.

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For Petitioners : Mr.V.Karthikeyan For 1^st Respondent : Mr.P.Thilak Kumar Government Pleader

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For 2^nd Respondent : Mr.P.Subbaraj

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Special Government Pleader For Respondent Nos.3 : Mr.VR.Shanmuganathan and 4 Standing Counsel

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O R D E R

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(Order of the Court was made by PUSHPA SATHYANARAYANA,J.)

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The Writ Petition has been filed by the petitioners, seeking for a declaration, declaring Rule 6 of the Special Rules for the Tamil Nadu Higher Secondary Educational Service prescribing maximum age limit as 40 and the consequential Notification/Advertisement issued by the 3^rd Respondent dated 11.02.2021 as illegal in so far as Clause 5(a) prescribing maximum age limit as 40 is concerned.

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2.When similar such challenges were made earlier, the Division Bench of this Court in W.P.No.21983 of 2021, dated 08.10.2021, (C.Ponnusamy and others v. State of Tamil Nadu, Rep. by its Principal Secretary to Government, School Education Department and others) dismissed the Writ Petition, holding that the said Rule is not arbitrary or irrational. The said order was followed by subsequent Division Benches also in various cases. While so, by G.O.Ms.No.144 School Education Department (pa.ka.2(1)) Department, dated 18.10.2021, the age prescribed as per Rule 6(a) of the Special Rules for the Tamil Nadu Elementary Education Subordinate Service, 5(a) of the Special Rules for the Tamil Nadu School Educational Subordinate Service and Rule 6 of the Special Rules for the Tamil Nadu Higher Secondary Educational Service, for appointment of direct recruitment of teachers was amended and raised from 40 to 45 for General category and 45 to 50 for other categories. It is also made clear stating that the amendment would apply for the notification issued by the Teachers Recruitment Board dated 09.09.2021. The enhancement of the age as mentioned supra is made only for one time and it is applicable till 31.12.2022. As per G.O.Ms.No.91, Human Resources Management (S) Department, dated 13.09.2021, the age limit would be 42 for General category and 47 for other categories from 01.01.2023.

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3.The operative portion of G.O.Ms.No.144 School Education (pa.ka.2(1)) Department, dated 18.10.2021, reads as follows:

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“5. gs;sp fy;tp Mizahpd; fUj;JUtpid muR Ma;T nra;J https://hcservices.ecourts.gov.in/hcservices/ gpd;tUkhW MizapLfpwJ:-

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Page 2/4

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W.P(MD)No.6242 of 2021

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i.jkpo;ehL njhlf;ff; fy;tp rhh;epiyg; gzpfSf;fhd rpwg;G

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i.jkpo;ehL njhlf;ff; fy;tp rhh;epiyg; gzpfSf;fhd rpwg;G tpjpfs;> jkpo;ehL gs;spf; fy;tp rhh;epiyg; gzpfSf;fhd rpwg;G tpjpfs; kw;Wk; jkpo;ehL Nky;epiyf; fy;tpg; gzpfSf;fhd rpwg;G tpjpfs; Mfpatw;wpy; KiwNa taJ tuk;gpw;fhd tpjp vz;. 6(a), 5 (a) kw;Wk; 6y; eph;zapf;fgl;Ls;sd. Mrphpah; Neub epakdk; njhlh;ghf cr;r taJ tuk;gpid nghJg; gphptpdUf;F 40-ypUe;J 45MfTk;> ,jug; gphptpdUf;F 45-ypUe;J 50-MfTk; cah;j;jg;gLfpwJ.

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ii. Mrphpah; Njh;T thhpaj;jhy; 09.09.2021 md;W ntspaplg;gl;l mwptpf;iff;F ,e;j cah;j;jg;gl;l cr;r taJ tuk;G nghUe;Jk; . Iii.,t;thW cah;j;jg;gLk; cr;r taJ tuk;gpid 31.12.2022 tiu rpwg;G epfo;thf xU Kiw kl;Lk; eph;zapf;fg;gLfpwJ. ,e;j cah;j;jg;gl;l cr;r taJ tuk;G 31.12.2022 tiu ntspaplg;gLk; gs;spf; fy;tpj; Jiwapd; f Po ; cs;s Mrphpah; gzp epakdk; njhlh;ghd mwptpf;iffSf;F nghUe;Jk; .

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iv.murhiz (epiy) vz;.91, kdpjts Nkyhzikj; (v];) Jiw> ehs; 13.09.2021d;gb Mrphpah; Neub epakdj;jpw;fhd cr;r taJ tuk;gpid> 01.01.2023 Kjy; nghJg; gphptpdUf;F 42 MfTk;> ,ju gphptpdUf;F 47 MfTk; eph;zapf;fg;gLfpwJ.”

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4.In view of the above Government Order, the challenge made in the Writ Petition has become infructuous. Therefore, the Writ Petition stands dismissed as infructuous. No costs.

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Note :

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In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

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To:

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