V.Dhanasekaran, Vs the Member Secretary — Writ and Judicial Review | Madras HC (2025)

V.Dhanasekaran, Vs the Member Secretary — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

No mandamus issued; the writ petition and the connected Miscellaneous Petitions (W.M.P(MD)Nos.5418 & 5419 of 2019) were closed with no costs, with conditional liberty to the respondents to consider the petitioner if he comes within the zone of consideration in any further filling of posts.

Issue for consideration

Whether a writ of mandamus should issue directing the respondents to consider the petitioner's candidature for the post of Physical Educational Teacher under the B.C.(G) category by inter-exchanging the post reserved for B.C.(G.T), in light of clause B(i-iv) of Notification No.05/2017 dated 26.07.2017. +2 more

Ratio / Principle

On the record as presented (petitioner's total of 71 marks against the minimum eligible cut-off of 72 marks under BC category), this Court found it amply clear that the petitioner did not come within the zone of consideration.

Key takeaways

Conditional liberty recorded: in the event posts are filled based on the present recruitment process and the petitioner comes within the zone of consideration, the respondents are at liberty to consider him according to their own merits and in accordance with law.obiter¶47

Detailed headnote1 paragraphs

MADURAI BENCH OF MADRAS HIGH COURT (Hon'ble C.Kumarappan, Judge) - W.P(MD)No.6776 of 2019 & W.M.P(MD)Nos.5418 & 5419 of 2019, decided 03.11.2025. Petitioner V.Dhanasekaran sought a mandamus under Article 226 directing the Teacher Recruitment Board and the Director of School Education to consider his candidature for the post of Physical Educational Teacher under B.C.(G) category per clause B(i-iv) of Notification No.05/2017 dated 26.07.2017. He secured 71 marks (66 written + 5 employment-exchange weightage); the first respondent's counter initially admitted a cut-off of 71, prompting an interim order dated 12.09.2025 requiring clarification, but an additional counter attributed that figure to a typographical error and fixed the BC General minimum eligible cut-off at 72 (Revised Provisional Selection List dated 27.03.2025; Provisional Selection List dated 28.10.2020 showed GT 78/BC G 72). Holding that the petitioner did not come within the zone of consideration, and noting the respondents' denial of his claim of 34 unfilled vacancies, the Court closed the writ petition and connected miscellaneous petitions with no costs, while recording that respondents remain at liberty to consider him per their own merits and in accordance with law if he falls within the zone of consideration when posts are filled on the present recruitment process.

W.P(MD)No.6776 of 2019

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 03.11.2025

CORAM

THE HONOURABLE MR.JUSTICE C.KUMARAPPAN

WP(MD)No.6776 of 2019 & W.M.P(MD)Nos.5418 & 5419 of 2019

V.Dhanasekaran ...Petitioner

vs.

1.The Member Secretary, Teacher Recruitment Board, 4th Floor, E.V.K. Sampath Mailgai, D.P.I. Compound, College Road, Chennai.

2.The Director of School Education, D.P.I. Compound, College Road, Chennai - 6. ...Respondents

Prayer: Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to consider the candidature of petitioner to the post of Physical Educational Teacher under B.C.(G) category by inter-exchanging post of reserved for B.C.(G.T) in the light of clause B(i-iv) of notification No.05/2017, dated 26.07.2017 issued by the 1st respondent within the time stipulated by this Court.

For Petitioner : Mr.Antony Arul Raj for Mr.A.Sivaji

For Respondents : Mr.T.Amjad Khan Government Advocate / Standing Counsel for R1

1/6

https://www.mhc.tn.gov.in/judis

W.P(MD)No.6776 of 2019

Mr.J.Ashok, Additional Government Pleader for R2

ORDER

The present writ petition has been filed seeking for the relief of mandamus directing the respondents to consider the candidature of the petitioner to the post of P.E.T. under communal category of BC General.

The learned counsel for the petitioner would submit that the petitioner secured 71 marks in the exams. In the counter statement, the first respondent has also admitted that the cut off mark for P.E.T. post is 71. Therefore, vide order dated 12.09.2025, this Court has directed the first respondent to clarify as to how the petitioner was not included in the selection list. In this regard, it is appropriate to extract the order passed by this Court on 12.09.2025.

"Heard the learned counsel for the petitioner, the learned Government Advocate appearing for the first respondent and the learned Additional Government Pleader appearing for the second respondent.

2.The learned counsel for the petitioner submitted that the petitioner has applied for P.E.T post, based upon the notification dated 26.07.2017 and he comes within the B.C general quota. According to the petitioner, he secured 66 marks in the written examination and he is eligible for wieghtage mark of 5, as he registered before the employment

2/6

https://www.mhc.tn.gov.in/judis

W.P(MD)No.6776 of 2019

exchange. The learned counsel would further rely upon the Certificate Verification Report received through RTI, wherein the mark of the petitioner was provided in the written test as 66 marks and for weightage of 5 marks. Thus the petitioner, according to the Certificate Verification Report, secured 71 marks.

3.In the counter affidavit filed by the first respondent, sworn by one K.Thangamari, viz., the Member of the Teachers Eligibility Test, had stated that the cut off mark under B.C (G) category is 71 marks.

4.In view of the above peculiar admission, the first respondent, viz., the the Member Secretary, Chennai, is directed to file an affidavit as to why the petitioner was not considered though he secured require cut off mark for the post.

5.For filing of affidavit, post the matter next week."

After the above order, the first respondent has come up with an additional counter, wherein, they have mentioned that there is an inadvertent typographical error in the earlier statement and the cut off mark for BC General is 72. In this regard, it is appropriate to extract the relevant portion of the counter statement.

5. It is submitted that the petitioner herein secured 66 marks in the written examination and appeared for the Certificate Verification on 13.08.2018. After scrutinizing the relevant

3/6

https://www.mhc.tn.gov.in/judis

W.P(MD)No.6776 of 2019

documents of the petitioner an addition of 5 marks was added for employment exchange registration seniority totalling 71 marks (66+5). It is further submitted that the petitioner belongs to BC category.

6. It is submitted that based on the Provisional Selection List published on 28.10.2020, the Revised Provisional Selection List was published by the Board on 27.03.2025. The following are the minimum eligible cut-off marks for GT and BC category.

Provisional Selection List dated 28.10.2020:

Turn	Minimum Eligible cut-off marks
GT	78
BC G	72

Provisional Selection List dated 27.03.2025:

Turn	Minimum Eligible cut-off marks
GT	72
BC G	72 - (03.05.1985)

7. It is submitted that the petitioner herein had secured 71 marks (66+5) under BC category. The minimum eligible cutoff marks under BC category are 72 marks. Since, the petitioner herein had secured 71 marks, he was not considered for selection."

From the above statement, it is amply clear that the petitioner did

not come within the zone of consideration. According to the petitioner, there are still 34 vacancies, which are yet to be filled. However, this factum is stoutly denied by the respondents.

4/6

https://www.mhc.tn.gov.in/judis

W.P(MD)No.6776 of 2019

In the event of filling up of the posts, based upon the marks obtained in the present recruitment process and if the petitioner comes within the zone of consideration, the respondents are at liberty to consider him according to their own merits and in accordance with law.

In view of the above, this Writ Petition is closed. No costs. Consequently, connected Miscellaneous Petitions are closed.

03.11.2025

Index : Yes/No NCC : Yes/No Internet :Yes mbi To 1.The Member Secretary, Teacher Recruitment Board, 4th Floor, E.V.K. Sampath Mailgai, D.P.I. Compound, College Road, Chennai. 2.The Director of School Education, D.P.I. Compound, College Road, Chennai - 6.

5/6

https://www.mhc.tn.gov.in/judis

W.P(MD)No.6776 of 2019

C.KUMARAPPAN, J.

mbi

WP(MD)No.6776 of 2019

03.11.2025

6/6

https://www.mhc.tn.gov.in/judis