- Court
- High Court of Madras
- Decided
- 15 September 2023
- Bench
- N. Sathish Kumar
- Case no.
- WP 23441/2023
Judgment
W.P.Nos.2a441oofo202a,oa28a,o4006,oo6002o&o9919oofo2022 INoTHEoHIGHoCOURToOFoJUDICATUREoAToMADRAS DATED : 15..09..2023 Coram THEoHON'BLEoMRoJUSTICEoN.SATHISHoKUMAR WritoPetitionoNos.23441oofo2023,o o3283,o4006,o6002o&o9919oofo2022 ando W.M.P.Nos.22971,o22972,o22973oofo2023,oo3412,o3413,o3414,o3415 4149,o4151,o4153,o4154,o6090,o6093,o6094,o6095,o6096, o9638,o9639,o9640,o9641o&o9642oofo2022 ..... W.P.No.23441oofo2023o
1.oM.Sengottaiyan
2.oV.GayathrioDevi
3.N.Nithiyanandhan
4.D.Suganyadevi
5.R.Balasaravanan
6.J.Rekha
7.S.Kumar
8.N.Sivakumar
9.M.Sivaraman
10.M.Vanitha
11.D.Amudha
12.V.P.LuyusicoBarathi
13.A.Balamurugan ..... Petitioners -Versus-
1.The State of Tamil Nadu, Rep. by its Principal Secretary to Government, School Education Department, Fort St. George, Chennai 600 009.
2.The Commissioner of School Education, Directorate of School Education, DPI Complex, College Road, Chennai 600006.
3.Teachers Recruitment Board, Rep. by its Member Secretary, EVK Sampath Maaligai, DPI Campus, College Road, Chennai 600 006. ..... Respondents Petition filed under Article 226 of The Constitution of India, praying to issue a Writ of Mandamus directing the 2nd respondent who is the appointment authortiy for the post of Post Graduate Assistant as per Tamil Nadu Higher Secondary Education Service to issue appointment orders to the petitioners who wrote the PG TRB exam and attended the Certificate Verification pursuant to Notification No.10/2019 dated 12.0.2019 issued by the 3rd respondent as PG Assistants against the estimated vacancies for the year 2019-20 in the subjects Zoology (1), English (2), Mathematics (2) , Economics (1) and History (7) and consequently forbear the 3rd respondent from appointing candidates for the post of PG Assistants in School Education Department pursuant to Notification No.01/2021, dated 09.09.2021 before appointing the petitioners to the post of 2 of 31 Graduate Assistants pursuant to Notification No.10/2019, dated 12.06.2019 for the year 2019-20. For Petitioner(s) : Mrs.Nalini Chidambaram, Senior Counsel for Mr.Kanchi Kailasam in all WPs For Respondent (s) : Mr.P.Baladhandayutham, Special Government Pleader for RR1 & 2 in all WPs Mr.R.Neelakandan, Additional Advocate General Assisted by Mr.C.Kathiravan, Standing Counsel for R3 in all WPs 3 of 31 W.P.No.3283 of 2022
1.D.Paranthaman
2.R.Pandi
3.J.Sampath
4.M.Sudhakar
5.D.Mohana Sundaram
6.R. Revathi
7.N.Thilagavathi
8.S.P.Chitra
9.V.Shanthi
10.S. Revathi Subashini
11.P.Rajesh
12.P. Shanthi
13.K.Vanitha
14.P.Velanganni
15.G.Manigandan
16.T.Vikram
17.G.Abirami
18.M.Vashanthi
19.S.Sweety
20.M.Thangadurai
21.M.Maripandi Manikandan
22.S.Ahilandeswari
23.M.Subathirai
24.K.R.Rajakumari 4 of 31
25.N.Bharathi
26.T.Savitha
27.T.Premalatha
28.S.Sadhan Dhev
29.R.Sakthivel
30.C.Kamalesan
31.D.Linga Kumar
32.V.Shankar
33.S.Prabhu
34.R. Mohana
35.C.Revathy
36.V.Anitha
37.M.Senthil Kumar
38.P.Sonia
39.O.Lalitha
40.P.Myvizhi
41.D. Thenmozhi
42.D.Vasudevan
43.N.Malar
44.S.A.Buvanesshwari
45.R.Ambika
46.R.Tamizharasi
47.B.Vasanthi
48.C.Rajeswari
49.R.Vasanthakumari 5 of 31
50.T.Manjula
51.K.Velmurugan
52.G.Pargunan
53.M.Muthappan
54.P.Kavitha
55.V.Panneerselvam
56.K.Kohla
57.C Kalavathi
58.B.Gokulapriya
59.M.Jayapal
60.P. Priya Gandhi
61.M.Sudhakar
62.M.Deepanchakkravarthy
63.M.Thirumal
64.V.Nandhini
65.C.Clament Christanson
66.A.Sentamil Elakkia
67.S. Dinesh Kumar aged
68.M.Sureshkumar
69.S.Achudha
70.R. Sasikumar
71.N.Kasthuri Rachel
72.D.Chitra
73.B. Nithyadevi
74.R.Guruvalakshmi
75.A.Senthamil Elakkiya 6 of 31
76.A.Kowsalya
77.M.Thirumal
78.A.Thiyagu
79.S.Dhaarani
80.A.Sithara
81.S.Alosia Vimala Mary
82.M.Angeline Priyalatha
83.P.Rajalakshmi.
84.K.Kalidas
85.S.Kalaiarasi
86.G.Elumalai
87.M.Poongodi
88.M.Varalakshmi
89.M.Priyanka
90.S.Sundaravadivel
91.K.Ramar
92.A.Ajithkumar
93.S. Antony Dominic Christopher
94.P.Ilamurugan
95.R.Kavitha
96.C.Mohanalakshmi
97.P.Arjunan
98.R.Neelamekam
99.A.Kohila
100.K.Ashok Kumar
101.S.Prema 7 of 31
102.P.Tamilselvi
103.C.Thirugnanamoorthi
104.J.Jeyamani
105.S.Ramkumar
106.G.Gnanaseviyar
107.K.Gawaskar
108.E.Babu
109.S.Vannimuthu
110.V.Arulselvi
111.M. Ramya
112.P.Balu
113.D.Rajpal
114.M.Balamurugan
¶115P.Vasanthakumari
116.M.Raja Murugan
117.S.Vijayalakshmi
118.M.Sumathi
119.S.Parimala
120.V.Rajavelu
121.K.Kalavathi
122.K.Sathishkumar
123.A.Annadhajothi
124.A.Chinnadurai
125.P.Selvaraju
126.P.Arulselvi
127.J.Lalitha 8 of 31
128.S.Nagarajan
129.L.Packiyalakshmi
130.S.Rajamani
131.V.Premakumari
132.K.Krishnakumari
133.R.Deepa
134.Santhanalakshmi
135.L.Kavitha
136.S. Baby
137.S.Rajivgandhi
138.T.Chelladurai
139.K.Kumar
140.D.Maheswari
141.M.Manju
142.E.Sangeetha
143.R.Vijayarangan
144.Ravikumar
145.N.Kannan
146.A.Manimozhi
147.V.Shanmugaraju
148.K. Prakasam
149.R.Ramamoorthy
150.P.Karthikeyan
151.N.Vasudevan
152.A.Karthikai Lakshmi
153.R.Ayyappan 9 of 31
154.K.Pandiselvi
155.P. Prabhu
156.M.Nagoor Meera
157.R.Chitra
158.V.Pushpalatha
159.R.Sathish .. Petitioners vs
1.The State of Tamil Nadu Rep. by its Principal Secretary to Government, School Education Department, Fort St.George, Chennai - 600 009.
2.The Commissioner of School Education, Directorate of School Education, DPI Complex, College Road, Chennai - 600 006.
3.Teachers Recruitment Board Rep. by its Chairman, EVK Sampath Maaligai, DPI Campus, College Road, Chennai - 600 006. .. Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the 2nd Respondent who is the appointing authority for the post of PG Assistants as per Tamil Nadu Higher Secondary Education Service to issue appointment orders to the Petitioners who wrote the PG TRB exam and attended the Certificate Verification pursuant to Notification No.10/2019 dated 12.06.2019 issued by the 3rd Respondent as PG Assistants against the estimated vacancies for the year 2019-20 and consequently forbear the 3rd Respondent from appointing candidates for the 10 of 31 post of PG Assistants in School Education Department pursuant to Notification No.01/2021 dated 09.09.2021 before appointing the Petitioners to the posts of PG Assistants pursuant to Notification No.10/2019, dated 12.06.2019 for the year 2019-20. W.P.No.4006 of 2022
1.S.Muthuraj
2.K.Pandiselvi
3.S.Savuri
4.D.Kalaiselvan
5.P.Krishnaveni
6.R.Selvi Kumari
7.N.Senthilkumar
8.M.Umaselvi
9.S.Navaneetha Raja
10.M.Nirmaladevi
11.R.Saraladevi
12.D.Vimala
13.K Gunasekaran
14.R.Govindammal
15.A.Vanitha
16.A.Murugalakshmi
17.P.Logeshwari
18.P.Hemalatha
19.R.Vadivel
20.M.Akneeshwari 11 of 31
21.P.Gundurao
22.S.Sharrulathaa
23.S.Elamathy
24.P. Kavitha
25.K.Vediyappan
26.G.Bhuvaneswari
27.M.Prabhu
28.K.Jamuna
29.S.Subathra
30.N.Priya
31.V.Kalai Selvi
32.M.Nirmala
33.K.Periya Karuppan
34.R. Vimal
35.T.Rajeswari
36.K.Vasantha
37.D.Anandhi
38.S.Periyasamy
39.P.Savithiri
40.D.Vidhya
¶41K.Vanitha
42.V.Rathika
43.V.Sangeetha Devi
44.G.Backiyalakshmi
45.M. Vasanthi
46.J.Ezhil 12 of 31
47.A.Venkatesan
48.R.Bharathi
49.A.Thirumurugan
50.S.Bhuvaneshwari
51.P.Pitchaiyammal Devi
52.R.Harigaran
53.P.Vimala
54.M.Kamarnabisha
55.S.Mynoortheen
56.M.Vedha
57.R.Subayadav
58.N.Dhanalakshmi
59.S.Nithya
60.S.Latha Shree
61.V.Thangamani
62.P.Asvini
63.U.Suganya Devi
64.V.K.Manimaran
65.P.Deepan
66.K.Savitha
67.N.T.Deepa
68.P.Srinivasan
69.K.Kalaiyarasi
70.P.Ashokan
71.S.Sivaprakash
72.Sakunthaladevi 13 of 31
73.D.Rubella
74.P.Karthika
75.N. Saranya
76.V .Karthik
77.K Palani
78.C.Tamizhselvan
79.M.Udayakumar
80.S.Hemalatha
81.N.Anitha
82.P.Seenidurai
83.R.Senthil Kumar
84.S.K.Vasantha Kumar
85.S.Sanjeevi
86.N.Nirmalkumar
87.A.Revathi
88.M.Anbarasan
89.P.Sathishkumar
90.C.Geetha
91.K.Palani
92.V.Indhumathi
93.M.Ezhilarasi
94.R.Kavitha
95.K.S.Sangeetha
96.M.Mugeshkumar
97.I.Sathya
98.G.Usha 14 of 31
99.G.Chitra
100.V.Jamunarani
101.R.Dhiwakar
102.M. Kanimozhi
103.S.Viji
104.A.Poobalan
105.S.Sathya
106.T.Sundari
107.S.Rajesh
108.A.Manjula
109.K.Punitha
110.M.Subbulakshmi
111.D.Senthil
112.N.Ambiga
113.N.Sambamoorthi
114.P.Saranya
115.S.Natarajan
116.J.Praveen Kumar
117.G Mari
118.V. Dhanabal .. Petitioners -Versus-
1.The State of Tamil Nadu Rep. by its Principal Secretary to Government, School Education Department, Fort. St.George, Chennai 600 009. 15 of 31
2.The Commissioner of School Education, Directorate of School Education, DPI Complex, College Road, Chennai 600 006.
3.Teachers Recruitment Board Rep. by its Chairman, EVK Sampath Maaligai, DPI Campus,College Road, Chennai - 600 006. .. Respondents Writ petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the 2nd Respondent who is the appointing authority for the post of PG Assistants as per Tamil Nadu Higher Secondary Education Service to issue appointment orders to the Petitioners who wrote the PG TRB exam and attended the Certificate Verification pursuant to Notification No.10/2019 dated 12.06.2019 issued by the 3rd Respondent as PG Assistants against the estimated vacancies for the year 2019-20 and consequently forbear the 3rd Respondent from appointing candidates for the post of PG Assistants in School Education Department pursuant to Notification No.01/2021 dated 09.09.2021 before appointing the Petitioners to the posts of PG Assistants pursuant to Notification No.10/2019 dated
12.06.2019 for the year 2019 – 20. 16 of 31 For Petitioner : Mrs.Nalini Chidambaram, Senior Counsel for Ms.C.Uma For Respondent (s) : Mr.P.Baladhandayutham, Special Government Pleader for RR1 & 2 Mr.R.Neelakandan, Additional Advocate General Assisted by Mr.C.Kathiravan, Standing Counsel for R3 W.P.No.6002 of 2022
1.R.Jayapriya
2.M Palanichamy
3.M.Vijayaprabhakar
4.P.Suguna
5.L.Chandra
6.V.Nandhini
7.B.Manjula
8.S.Anandha Murugan
9.A.Arokkiya Selvaraj
10.T.Kiruba
11.M.Sudhakar
12.V. Elumalai
13.M.Gracy
14.P.Vasanthi
15.G.Mayakrishnan 17 of 31
16.M.R.Suhitha
17.D.Jayaprakash
18.M.Mohammad Shakul
19.B.Anandhi
20.S.Radha
21.V.Rukmani
22.C.Ambika
23.R.Rajasekar
24.P.Subramani
25.M.Selvaraj
26.V.Nandhakumar
27.R.Nagalakshmi
28.S.Saranya
29.F.George Anand
30.N.Babu
31.S.Sathishkumar
32.R.Shanmugam
33.S.Priya
34.V Sathish Kumar
¶35R.Paneerselvam
36.P.T. Suvarna Kumar
37.V.Yasotha
38.J.Sampath
39.K.Murugavel
40.S.K.Vivetha
41.N.Sakthinathan 18 of 31
42.B.Aneeba
43.B.Senthilkumar
44.K Manikandan
45.S.Sathiskannan
46.S Kanniyappan
47.D.Selvarani
48.G.Anguraj
49.M Nithya
50.D.Kavitha
51.R Jayalakshmi
52.R.Ayyappan
53.S.Sakkanan
54.I.Anitha
55.L.Kanagumani
56.M.Prakash
57.S.Mahendran
58.S.Dharani
59.R.Tamilarasan
60.T.Balasubramaniyam
61.R.Elavarasan
62.S.Santhi
63.M.Viswanathan
64.P.Anbu
65.C.Senthil Kumar
66.R.Murugan
67.K.Gopalakrishnan 19 of 31
68.K.N.Abirami
69.V.Shankar
70.N.Bharathi
71.C. Ponnusamy
72.R.Velayutham
73.V.Hemalatha
74.K.Selvam
75.P.Manimekalai
76.D.Latha
77.K.L Keerthana
78.A Balamurugan
79.P.L.Meenakshi
80.K.Prabu
81.S.Kumaravel
82.G.Muthusamy
83.C.Adhikalaivani
84.S.Arivazhagan
85.V.Kumar
86.K.Poongodi
87.J.Rohini
88.M.Vijayaragavan
89.A Jayashri
90.P.Sivaranjini
91.A.Sugumar
92.R.Vidya
93.M.Kasirajan 20 of 31
94.K.Venkatesan
95.D.Archana
96.M.Ramya
97.A.Poornima
98.N.Kavitha
99.D.Nirmala
100.K.Saranya
101.K. Mahesh Ramu
102.R.Dhanasekari
103.T.Ramachandran ... Petitioners -Versus-
1.The State of Tamil Nadu Rep. by its Principal Secretary to Government, School Education Department, Fort St.George, Chennai - 600 009.
2.The Commissioner of School Education, Directorate of School Education, DPI Complex, College Road, Chennai - 600 006.
3.Teachers Recruitment Board Rep. by its Chairman, EVK Sampath Maaligai, DPI Campus, College Road, Chennai - 600 006. .. Respondents Writ petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the 2nd respondent who is the appointing authority for the post of PG Assistants as per Tamil Nadu Higher Secondary 21 of 31 Education Service to issue appointment orders to the petitioners who wrote the PG TRB Exam and attended the Certificate Pursuant to Notification No. 10/2019 dated 12.06.2019 issued by the 3rd respondent as PG Assistants against the estimated vacancies for the year 2019-20 and consequently forbear the 3rd respondent from appointing candidates for the post of PG Assistants in School Education Department pursuant to Notification No.01/2021 dated
9.9.2021 before appointing the petitioners to the post of PG Assistant pursuant to Notification No.10/2019 dated 12.06.2019 for the year 2019 – 20. For Petitioner : Mrs.Nalini Chidambaram, Senior Counsel for Ms.C.Uma For Respondent (s) : P.Baladhandayutham, Special Government Pleader for RR1 & 2 Mr.R.Neelakandan, Additional Advocate General Assisted by Mr.C.Kathiravan,
Standing Counsel for R3 W.P.No.9919 of 2022
1.V.Durgadevi
2.K.Nirmala
3.V.Hariharasuthan
4.N.Murali
5.M.Kasirajan
6.G.Sureka
7.S.Venkateshwari
8.J.Parameshwaran 22 of 31
9.A.Jayanthi
10.S.Nithyapriya
11.S.Paramasivan
12.A.Jothi
13.R.Rajadurai
14.L.Kayamboomeni
15.M.Nithya
16.V.Nithya
17.S.Veerapandiyan
18.R.Kalavathy
19.C.Chithra
20.R.Manikumari
21.R.Pachaiyappan ..... Petitioners -Versus-
1.The State of Tamil Nadu, Rep. by its Principal Secretary to Government, School Education Department, Fort St. George, Chennai 600 009.
2.The Commissioner of School Education, Directorate of School Education, DPI Complex, College Road, Chennai 600 006.
3.Teachers Recruitment Board, Rep. by its Chairman, EVK Sampath Maaligai, DPI Campus, College Road, Chennai 600 006. ..... Respondents 23 of 31 Writ petition filed under Article 226 of the Constitution of India praying to issue a writ of Mandamus directing the 2nd Respondent, who is the appointing authority for the post of PG Assistants as per Tamil Nadu Higher Secondary Education Service to issue appointment orders to the Petitioners who wrote the PG/TRB exam and attended the Certificate Verification pursuant to Notification No.10/2019 dated 12.06.2019 issued by the 3rd Respondent as PG Assistants against the estimated vacancies for the year 2019-20 and consequently forbear the 3rd Respondent from appointing candidates for the post of PG Assistants in School Education Department pursuant to Notification No.01/2021 dated 09.09.2021 before appointing the petitioners to the posts of PG Assistants pursuant to Notification No.10/2019 dated
12.06.2019 for the year 2019-20. For Petitioner : Mrs.Nalini Chidambaram, Senior Counsel for Ms.C.Uma For Respondent (s) : P.Baladhandayutham, Special Government Pleader for RR1 & 2 Mr.R.Neelakandan, Additional Advocate General Assisted by Mr.C.Kathiravan, Standing Counsel for R3 24 of 31 COMMON ORDER These writ petitions seek a mandamus directing the Commissioner of School Education, Directorate of School Education, Government of Tamil Nadu, who is the 2nd respondent to appoint the petitioners herein as Post Graduate Assistants under the Tamil Nadu Higher Secondary Education Service based on the examination conducted by the Teachers Recruitment Board (TRB) pursuant to the Notification No.10/2019 dated 12.06.2019 as against the estimated vacancies for the year 2019-20 in various subjects.
¶2The background of the facts which led to the filing of these writ petition in brief are as under:- The petitioners are Post Graduates in different subjects with B.Ed. degree. They are qualified to apply for the post of Post Graduate Assistants of their respective subjects. The Teachers Recruitment Board (TRB) by Notification No.10/2019 dated 12.06.2019 invited applications from the eligible candidates for direct recruitment to the post of Post Graduate Assistant in various subjects and Physical Education Directors Grade-I in School Education Department for the year 2018-19. There were 2144 vacancies notified in the said recruitment process. The petitioners are the unsuccessful 25 of 31 candidates in the said recruitment process.
¶3It is the case of the petitioners that as per proceeding dated
08.01.2021, the Department of School Education, though 578 numbers of backlog vacancies were available, they were not included in the notification. If those backlog vacancies were included they would have been selected in the said Notification itself.
¶4Heard both sides.
¶5The learned senior counsel would submit that if the backlog vacancies
(578) were included in the Notification No.10/2019, they would have been selected as PG Assistants in their respective subjects. Non-inclusion of such backlog vacancies had taken away the rights of the petitioners to be considered for appointment.
¶6The learned Special Government Pleader would, on the other hand, contend that after the recruitment process to fill up the vacancies for the year 2018-19, vide Notification No.10/2019 dated 12.06.2019 was over and vacancies were filled up, at the instance of the State, recruitment process to fill up the vacancies for the year 2020-21 Advertisement No.01/2021 dated
09.09.2021 to fill up 2207 vacancies including 247 backlog vacancies was issued. That recruitment process was also over and and no addendum was 26 of 31 issued at the relevant point of time. The petitioners cannot as a matter of right seek for appointment.
¶7The learned standing counsel for the TRB would submit that they are only a recruiting agency and they had no role in the matter of identifying the vacancies.
¶8This court has considered the rival submissions and perused the records carefully.
¶9Now, the petitioners seek appointment to the post of PG Assistants in various subjects in the Higher Secondary Schools as against 578 backlog vacancies which were estimated and available then, but were left to be included in the recruitment process conducted for the year 2019-20 through Notification No.10/2019 dated 12.06.2019. Admittedly, there had been a subsequent Notification issued on 09.09.2021 through Advertisement No.01/2021, whereunder 2207 including 247 backlog vacancies were sought to be filled up and the recruitment process was completed with the selection of the candidates for all such vacancies.
¶10It is settled law that an aspirant does not have a vested right to the post for which he was admitted to sit for the examination. Having failed to get through in the examination, the petitioners cannot say that had the backlog 27 of 31 vacancies been included in the recruitment process 2018-19 they would have been selected. It is for the government to notify the vacancies and send requisition for any post which has been identified for selection on the said post through the regular recruitment or special recruitment for backlog vacancies through TRB. The Supreme Court has consistenly held that that recruitment of candidates in excess of the notified vacancies, will be violative of Articles 14 and 16 (1) of the Constitution. As such no direction can be given for appointment of any individual on any post which has not been notified nor requisitioned by the State for the said post.
¶11In the case of Rakhi Ray v. High Court of Delhi, (2010) 2 SCC 637, the Supreme Court has held as under:- "7. It is a settled legal proposition that vacancies cannot be filled up over and above the number of vacancies advertised as "the recruitment of the candidates in excess of the notified vacancies is a denial and deprivation of the constitutional right under Article 14 read with Article 16(1) of the Constitution", of those persons who acquired eligibility for the post in question in accordance with the statutory rules subsequent to the date of notification of vacancies. Filling up the vacancies over the notified vacancies is neither permissible nor desirable, for the reason, that it amounts to "improper exercise of 28 of 31 power and only in a rare and exceptional circumstance and in emergent situation, such a rule can be deviated from and such a deviation is permissible only after adopting policy decision based on some rationale", otherwise the exercise would be arbitrary. Filling up of vacancies over the notified vacancies amounts to filling up of future vacancies and thus, is not permissible in law. (Vide Union of India v. Ishwar Singh Khatri [1992 Supp (3) SCC 84 : 1992 SCC (L&S) 999 : (1992) 21 ATC 851] , Gujarat State Dy. Executive Engineers' Assn. v. State of Gujarat [1994 Supp (2) SCC 591 : 1994 SCC (L&S) 1159 : (1994) 28 ATC 78] , State of Bihar v. Secretariat Asstt. Successful Examinees Union 1986 [(1994) 1 SCC 126 : 1994 SCC (L&S) 274 : (1994) 26 ATC 500 : AIR 1994 SC 736] , Prem Singh v. Haryana SEB [(1996) 4 SCC 319: 1996 SCC (L&S) 934] and Ashok Kumar v. Banking Service Recruitment Board [(1996) 1 SCC 283 : 1996 SCC (L&S) 298 : (1996) 32 ATC 235 : AIR 1996 SC 976] .)
¶12Recently in the case of Gajanan Babulal Bansode v. State of Maharashtra, (2021) 4 SCC 494, the Supreme Court has held
¶14The impugned GR seeks to fill up double the number of vacancies which were notified for the LDCE-2016 by the Circular dated 27-6-2016. It is well-settled in service jurisprudence that the authority cannot fill up more than the notified number of vacancies advertised, as the 29 of 31 recruitment of candidates in excess of the notified vacancies, would be violative of Articles 14 and 16(1) of the Constitution of India.
¶13In the light of the settled legal position referred to above and the facts and circumstances of the case, no direction as prayed for by the petitioners in the writ petitions can be granted and the writ petitions deserve only to be dismissed. In the result, the writ petitions are dismissed. No costs. Consequently, connected WMPs are closed.
15..09..2023 Index : yes / no : yes / no Speaking / Non Speaking Order kmk To
1.The Principal Secretary to Government, School Education Department, Fort St. George, Chennai 600 009.
2.The Commissioner of School Education, Directorate of School Education, DPI Complex, College Road, Chennai 600006.
3.The Member Secretary, Teachers Recruitment Board, EVK Sampath Maaligai, DPI Campus, College Road, Chennai 600 006. 30 of 31 W.P.Nos.2a441oofo202a,oa28a,o4006,oo6002o&o9919oofo2022 N.SATHISHoKUMAR.J., kmko WritoPetitiono Nos.23441oofo2023,o o3283,o4006,o6002o&o9919oofo2022
15..09..2023oo
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