The Madurai Bench held that challenges against Rule 6 fixing a 40-year age limit for teacher recruitment became infructuous following a Government Order amending the limit to 45 years. The petitions were dismissed as the statutory rule had been modified by the executive.
The Writ Petitions were dismissed as infructuous with no costs awarded.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P(MD)Nos.7204 to 7208 and 7210 to 7213 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.11.2021
CORAM:
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA AND
THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.P(MD)Nos.7204 to 7208 and 7210 to 7213 of 2021
K.M.Narmatha ... Petitioner in W.P.(MD) No.7204/2021 N.Lakshmi ... Petitioner in W.P.(MD) No.7205/2021 Rajeshwari ... Petitioner in W.P.(MD) No.7206/2021 S.Devi ... Petitioner in W.P.(MD) No.7207/2021 I.Ehil ... Petitioner in W.P.(MD) No.7208/2021 A.Sivakami ... Petitioner in W.P.(MD) No.7210/2021 M.Senthilkumar ... Petitioner in W.P.(MD) No.7211/2021 J.Jeyashree ... Petitioner in W.P.(MD) No.7212/2021 M.Dhanalakshmi ... Petitioner in W.P.(MD) No.7213/2021
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.The Director of Elementary Education, DPI Campus, Chennai – 6. 4.Teachers Recruitment Board, Rep. by its Chairman, 3rd Floor, Dr. MGR Centenary Building, DPI Campus, College Road, Chennai- 6. 5.Teachers Recruitment Board, Rep. by its Member Secretary, 3rd Floor, Dr. MGR Centenary Building, DPI Campus, College Road, Chennai- 6. ... Respondents in all the Writ Petitions
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W.P(MD)Nos.7204 to 7208 and 7210 to 7213 of 2021
Common Prayer:
Writ Petitions filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Declaration, declaring the 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 4th Respondent dated 11.02.2021 as illegal in so far as Clause 5(a) prescribing maximum age limit as 40 is concerned.
For Petitioner in all : Mr.S.Louis the Writ Petitions For 1st Respondent in : Mr.P.Thilak Kumar W.P.(MD)No.7204/2021 Government Pleader For Respondent Nos.2 : Mr.M.Ramesh & 3 in W.P.(MD)No.7204/2021 Government Advocate For Respondent Nos.1 : Mr.B.Saravanan to 3 in W.P.(MD)Nos. 7205, 7208 & 7212/2021 For Respondent Nos.1 : Mr.P.Subbaraj to 3 in W.P.(MD)Nos. 7206 & 7210/2021
: Mr.P.Thilak Kumar Government Pleader : Mr.M.Ramesh Government Advocate
: Mr.B.Saravanan Additional Government Pleader
For Respondent Nos.1 : Mr.P.Subbaraj to 3 in W.P.(MD)Nos. Special Government Pleader 7206 & 7210/2021 For Respondent Nos.1 : Mr.M.Sidharthan to 3 in W.P.(MD)Nos. Additional Government Pleader 7207, 7211 & 7213/2021 For Respondent Nos.4 : Mr.VR.Shanmuganathan & 5 in all the Writ Standing Counsel Petitions
COMMON ORDER
(Order of the Court was made by PUSHPA SATHYANARAYANA,J.)
All these Writ Petitions have 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 4th Respondent, dated 11.02.2021, as illegal in so far as Clause 5(a) prescribing maximum age limit as 40 is concerned.
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 https://hcservices.ecourts.gov.in/hcservices/
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W.P(MD)Nos.7204 to 7208 and 7210 to 7213 of 2021
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.
3.The operative portion of G.O.Ms.No.144 School Education (pa.ka.2(1)) Department, dated 18.10.2021, reads as follows: “5/ gs;sp fy;tp Mizahpd; fUj;JUtpid muR Ma;t[ bra;J gpd;tUkhW MizapLfpwJ?
(I) jkpH;ehL bjhlf;ff; fy;tp rhh;epiyg; gzpfSf;fhd rpwg;g[ tpjpfs;. jkpH;ehL gs;spf; fy;tp rhh;epiyg; gzpfSf;fhd rpwg;g[ tpjpfs; kw;Wk; jkpH;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; neuo epakdk; bjhlh;ghf cr;r taJ tuk;gpid bghJg; gphptpdUf;F 40?ypUe;J 45Mft[k;. ,jug; gphptpdUf;F 45?ypUe;J 50?Mft[k; cah;j;jg;gLfpwJ/
(II) Mrphpah; njh;t[ thhpaj;jhy; 09/09/2021 md;W btspaplg;gl;l mwptpf;iff;F ,e;j cah;j;jg;gl;l cr;r taJ tuk;g[ bghUe;Jk;/
(III) ,t;thW cah;j;jg;gLk; cr;r taJ tuk;gpid 31/12/2022 tiu rpwg;g[ epfH;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 btspaplg;gLk; gs;spf; fy;tpj; Jiwapd; fPH; cs;s Mrphpah; gzp epakdk; bjhlh;ghd mwptpf;iffSf;F bghUe;Jk;/
(IV) murhiz (epiy) vz;/91. kdpjts nkyhz;ikj; (v!;) Jiw. ehs; 13/09/2021d;go Mrphpah; neuo epakdj;jpw;fhd cr;r taJ tuk;gpid. 01/01/2023 Kjy; bghJg; gphptpdUf;F 42 Mft[k;. ,ju gphptpdUf;F 47 Mft[k; eph;zapf;fg;gLfpwJ/”
4.In view of the above Government Order, the challenge in the above Writ Petitions have become infructuous. Therefore, these Writ Petitions are dismissed as infructuous. No costs.
Assistant Registrar (P & A)
// True Copy //
/ /2021 Sub Assistant Registrar(CS)
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W.P(MD)Nos.7204 to 7208 and 7210 to 7213 of 2021
Note :
In view of the present lock down owing to COVID19 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. To:
1.The Principal Secretary to the Government, School Education Department, State of Tamil Nadu, Fort St. George, Chennai – 9. 2.The Director of School Education, DPI Campus, Chennai – 6. 3.The Director of Elementary Education, DPI Campus, Chennai – 6. +1 CC to M/s.SPL GP ( SR-35471[F] dated 23/11/2021 )
W.P(MD)Nos.7204 to 7208 and 7210 to 7213 of 2021 22.11.2021
RS (02.12.2021) 4P 5C
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2 issues framed by the court
Whether the challenge to Rule 6 prescribing a maximum age of 40 years for teacher recruitment remains legitimate after the Government Order of 18.10.2021.
Whether subsequent enhancement of the age limit for direct recruitment renders the earlier challenge infructuous.
Colour shows how this judgement treated each authority
C.Ponnusamy and others v. State of Tamil Nadu, Rep. by its Principal Secretary to Government, School Education Department and othersFollowed¶20
W.P.No.21983 of 2021, dated 08.10.2021 (C.Ponnusamy and others v. State of Tamil Nadu)
2 provisions across 2 enactments
K.M.Narmatha
State of Tamil Nadu
Principal Secretary to the Government, School Education Department
Director of School Education
Teachers Recruitment Board
Pushpa Sathyanarayana
P. Velmurugan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
