P.MURGESEN, P.K.MISRA
Unemployed Secondary Grade Teachers Welfare Association, Society Reg. No. : 48 of 2007 – Appellant
Versus
State of Tamil Nadu, rep. by its Secretary, Department of School Education, Chennai – Respondent
P.K. MISRA, J.
1. These two appeals are directed against the common judgment of the learned single Judge dated 4.2.2008 in W.P. Nos. 10583 and 6377 of 2007 respectively.
2. W.P. No. 6377 of 2007 was filed for a declaration that the Government (Standing) Order No. 447 (Education of Science and Technology Department) dated 16.7.1996 in- so far as it restricts the selection and appointment of Secondary Grade Teachers by District wise seniority in the employment office as ultra vires and unconstitutional.
In W.P. No. 10583 of 2007, prayer was for issuing a writ of certiorarified mandamus for quashing G.O. Ms. No. 447 dated 16.7.1996 and the subsequent G.O. Ms. No. 241 (School Education Department) dated 22.9.2007 and quash the same so far as it prescribes Districtwise Recruitment of Secondary Grade teachers in the Government/Panchayat Union/Municipal Schools in the State and for a further direction to the respondents to make recruitment on statewide basis.
3. The brief facts are as follows:
From 1960 onwards, recruitment to the post of Secondary Grade Teachers in the Government Schools, Panchayat Union Schools and the Corporation Schools were being made at District level by c
2. Arun Kumar Nayak v. Union of India (2006) 8 SCC 111 (referred) [Paras 23
5. Minor P. Rajendran v. State of Madras AIR 1968 SC 1012 (followed) [Paras 13
1. A.V.S.N. Rao v. State of A.P. AIR 1970 SC 422 (followed) [Para 12]
4. Kailash Chand Sharma v. State of Rajasthan AIR 2002 SC 2877 (followed) [Paras 13,16
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