I.Manikandan v. The Government of Puducherry

ORDER (Order of the Court was made by S.M.Subramaniam J.) The present writ petition has been instituted to declare G.O.Ms.No.28, Directorate of School Education (Secretariat Wing), dated 28.08.2023 issued by the 1st Respondent as null and void.

¶2Learned Special Government Pleader (Pondicherry) would raise a preliminary objection regarding maintainability of the writ petition on the ground that Education Department of Pondicherry has already been notified under the Administrative Tribunals Act, 1985. Therefore, an aggrieved person has to prefer an original application before the Central Administrative Tribunal. In respect of the similar prayer, batch of petitioners have filed writ petition in W.P.No.5888 of 2026, and the learned Single Judge dismissed the writ petition granting liberty to the petitioners to approach the Central Administrative Tribunal.

¶3Pertinently, issues regarding maintainability of such writ petitions before the High Court has been decided by the Hon'ble Supreme Court of India in the case of Rajeev Kumar and Another Vs. Hemraj Singh Chauhan and Others1 "11. On a proper reading of the abovequoted two sentences, it is clear: 1 2010 4 SCC 554 Page6 of 8

(a) The tribunals will function as the only court of first instance in respect of the areas of law for which they have been constituted.

(b) Even where any challenge is made to the vires of legislation, excepting the legislation under which tribunal has been set up, in such cases also, litigants will not be able to directly approach the High Court "overlooking the jurisdiction of the tribunal"."

¶4In the present case, Education department since notified, the petitioner has to file an original application before the Central Administrative Tribunal.

¶5By granting liberty to the petitioner to approach the Central Administrative Tribunal, the present writ petition is dismissed. No costs. Consequently, the connected miscellaneous petitions, if any, are closed. (S.M.S.,J.) (N.S.,J.) 01-06-2026 Index: Yes/No Speaking/Non-speaking order GD Page7 of 8 To

¶1. The Government of Puducherry Represented by the Under Secretary (Education) Chief Secretariat Building on Beach Road, White Town, Puducherry-605 001.

¶2The Government of Puducherry Represented by the Secretary to Government, Department of School Education, Chief Secretariat Building on Beach Road, White Town, Puducherry-605 001.

¶3The Director of School Education, Directorate of School Education Government of Puducherry, Perunthalaivar Kamarajar Centenary Educational Complex, 100 Feet Road, Anna Nagar, Puducherry 605 005. WPoNo.o15238oofo2026 S.M.SUBRAMANIAM,oJ. AND N.SENTHILKUMAR,oJ. GD WPoNo.o15238oofo2026 01-06-2026 Page8oofo8

Page1 of 8 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 01-06-2026 CORAM THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE N.SENTHILKUMAR 1. I.Manikandan 2. I.Amardheen 3. S.Selvamani 4. A.Udhayaprakash 5. S.Sathishkumar 6. N.Tamilarasan 7. R.Iyyappan 8. S.Anbarasi 9. G.Manibharathi 10. A.Uthayakumar 11. K.Rameshkumar 12.K.Muthu Malar 13.B.Muthazhagan 14. J.Parthasarathi 15.P.Prakash 16.N. Ramanjaneyulu 17. K.Surendiran Page2 of 8 18.K.Udhayachandran 19.V.Bharathi 20.C.Sabarinathan 21. L.S. Leelavati 22.P.Rajeswari 23.N.Jayavel 24.. S.Agila 25.V. Subash 26.N.Vimal 27.D.Tamilselvan 28.R.Premkumar 29.S.Boranit 30.. S.Karl Marx 31.S.Muthulakshmi 32.R.Karthik 33.B.Prakash 34. K.Karthikeyan 35.M.Nithiyanandhan 36.D. Kalpana 37.N.Sivamani 38.N.Sathiyabama Page3 of 8 39.K.Kathavarayan 40.M.Mangalasundari 41.K.Manimaran 42.J.Vimala 43.K.Thirukumaran 44.M.Ilango 45. A.Artchana 46. D.Edmond Doure 47. T.Ananthan 48. R.Thivya 49. R.Nasreth Philip 50. K.Jayakumar 51. K.Kanniaraman 52. N.Anandavelu 53.R.Rathish 54.K.Ramesh 55.V.Jankakiraman 56.R.Visvanathan 57. K.Murugan 58.T.Indumathi 59. C.Prabu ..Petitioner(s) Page4 of 8 Vs 1. . The Government of Puducherry Represented by the Under Secretary (Education) Chief Secretariat Building on Beach Road, White Town, Puducherry-605 001. 2. The Government of Puducherry Represented by the Secretary to Government, Department of School Education, Chief Secretariat Building on Beach Road, White Town, Puducherry-605 001. 3. The Director of School Education, Directorate of School Education Government of Puducherry, Perunthalaivar Kamarajar Centenary Educational Complex, 100 Feet Road, Anna Nagar, Puducherry 605 005. ..Respondent(s) Writ Petition filed under Article 226 of the Constitution of India issuing writ of declaration for declaring G.O.Ms.No.28, Directorate of School Education (Secretariat Wing), dated 28.08.2023 issued by the 1st Respondent as arbitrary and violative article 14 and 16 of the Constitution of India in so far as Clause II B (ii) of the said GO stipulates that the method drawal of merit list for the post of Physical Education Teacher is 90 percent weightage for the essential qualification in the respective discipline and 10 percent weightage for employment seniority without drawing the merit list for the post of Physical Education Teacher based on Open Competitive written examination. For Petitioner(s): Ms.Nalani Chidambaram, Senior Counsel for Ms.C.Uma For Respondent(s): Mr.R.Syed Mustafa, Special Government Pleader (Pondy) Page5 of 8