O R D E R

(By the Hon'ble Acting Chief Justice)

This Writ Petition has been filed for a declaration that the petitioners herein are entitled to be appointed as Teachers (Secondary Grade / B.T.Assistants as the case may be), who have completed certificate verification in the year 2014, 2017 recruitment being made on the basis of TET marks and TET passed year seniority without resorting to any competitive examination as stated in G.O.Ms.No.149 dated 20.07.2018 as a measure of equity and fairness, as well as on the foundation of the doctrine of promissory estoppal and legitimate expectation.

2. Mr.U.M.Ravichandran, learned Special Government Pleader takes notice for R1 to R4 and Mr.C.Kathiravan, learned Special Government Pleader for R5. By consent, the Writ Petition itself is taken up for hearing at the admission stage.

3. It is the case of the petitioners that some of the similarly placed persons have approached this Court in W.P.No.26084 of 2023, in which, this Court had granted the relief to the petitioners therein. The petitioners have been made to wait for more than a decade on account of adoption of three different methods of selection by the Government and the State cannot behave in an inconsistent and unreasonable manner, by blowing hot and cold as per the sweet will of the respondents.

4. Learned Special Government Pleader for R5 stated that challenging the order passed in W.P.No.26084 of 2023, respondents are taking steps to prefer an appeal. He pointed out that in the very same judgment, it was clearly observed that the claim of fence-sitters, who seek similar relief by filing fresh writ petitions, cannot be entertained in terms of the judgment of the Apex Court in the case of State of Uttar Pradesh and Others vs. Arvind Kumar Srivastava and Others, reported in 2014 (12) SCR 193. Stating that the judgment passed by the Division Bench of this Court can no longer be cited as a precedent to demand similar treatment, he prayed for dismissal of the Writ Petition.

5. A cursory glance at Paragraph No.36 of the order dated 10.07.2024 passed in W.P.No.26084 of 2024 amply proves the fact that the order has been restricted only to the petitioners therein alone. In addition, when yet other similarly placed persons sought to implead themselves in the Writ Petition, their request was rejected. Thus, in our view, the order passed in W.P.No.26084 of 2023 will not inure to the benefit of the petitioners herein.

6. The Division Bench of this Court in the said order, while restricting the relief claimed in those writ petitions only to the petitioners therein alone, had clearly held and made clear that citing this judgment, fence-sitters will not be entitled to similar relief by filing fresh writ petitions. In view of the above, the prayer sought by the present Writ Petitioners cannot be granted, as the same would amount to reviewing the earlier order passed by the Division Bench of this Court.

7. In fine, finding no merits or substance in the argument of the petitioners, this Writ Petition is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed.

[D.K.K.,ACJ.] [P.B.B,J.]

13.09.2024 Index: Yes / No Internet: Yes / No Speaking Order/Non Speaking Order ar To:

1. The Principal Secretary to Government, State of Tamil Nadu, School Education Department, Fort St.George, Chennai-600 009.

2. The Commissioner of School Education, Directorate of School Education, DPI Campus, College Road, Chennai-600 006.

3. The Joint Director of School Education (Personnel), DPI Campus, College Road, Chennai-600 006.

4. The Director of School Education, Directorate of School Education, DPI Campus, College Road, Chennai-600 006.

5. The Member Secretary, Teachers Recruitment Board (TRB), 4th Floor, DPI Campus, College Road, Chennai-600 006.

HON'BLE ACTING CHIEF JUSTICE, AND P.B.BALAJI,J., ar W.P.No.26773 of 2024

13.09.2024