IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 03.11.2025 CORAM THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and WMP.No.31013 of 2023 N.Packiarajan .... Petitioner Vs.

1.The State of Tamil Nadu, Rep. by its Secretary to Government, Welfare of Differently Abled Persons (DAP 3.2) Department, Fort St.George, Chennai - 600 009. 2. The Teachers Recruitment Board, Rep. by its Member Secretary, 3rd Floor, Puratchi Thalaivar Dr.MGR Centenary Building, DPI Campus, College Road, Chennai - 600 006

3. The Director, Directorate of School Education, School Education Department.

DPI Campus, College Road, Chennai - 600 006 .... Respondents Prayer:- Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, directing the 2nd respondent to include the name of the petitioner who belongs to BC community and who has secured 80 marks in the written examination conducted by the 2nd respondent on 14.02.2022 in the Provisional Selection List dated 25.10.2022 for the post of PG Assistant in Geography pursuant to notification No. 01/2021 dated 09.09.2021 as amended by Notification No. 01D, dated 27.08.2022 in the vacancy reserved for BC category-4 of Persons with Bench Mark Disabilities and consequently direct the 3rd respondent to issue appointment order to the petitioner as PG Assistant in Geography in the School Education Department.

For Petitioner : Mrs.Nalini Chidambaram, Senior Counsel for M/s.C.Uma.

For Respondents : Mr.R.U.Dinesh Kumar, AGP for R.1.

: Mr.R.Siddharth, Standing Counsel for R.2 : Mrs.S.Mythreye Chandru, Spl.GP for R.3.

ORDER

st This Writ Petition has been filed for a direction directing the 1 nd and the 2 respondent to include the name of the petitioner, who belongs to BC Community and secured 80 marks in the written examination nd conducted by the 2 respondent on 14.02.2022, in the Provisional Selection List dated 25.10.2022 for the post of PG Assistant in Geography pursuant to the notification No.01/2021 dated 27.08.2022 in the vacancy reserved for BC category -4.

2. Heard the learned counsel appearing on either side and perused the materials available on record.

3. The petitioner belongs to the Backward Class (BC) community.

He completed his M.A. (Geography) from Periyar University, Salem, in Tamil Medium and subsequently acquired a B.Ed. degree. Thereafter, the 2nd respondent issued a notification inviting applications for the posts of PG Assistant/Physical Education Director Grade I/ Computer Instructor Grade I in the School Education Department for the year 2020-21. There were initially 2,207 vacancies, which were later increased to 3,236. Out of these, for the subject of Geography, there were initially 12 vacancies, which were subsequently increased to 19.

4. The petitioner applied for the post of PG Assistant (Geography)

and scored 80 marks out of 149 in the written examination. He was thereafter called for certificate verification. However, the petitioner was not selected under the BC category. According to the petitioner, the post reserved under BC Category 4 was not filled due to the non-availability of an eligible candidate. Consequently, the petitioner submitted a representation requesting that the said post be filled by him, as he scored 80 marks and was next in line after the candidate selected under the BC category.

5. Mrs.Nalini Chidambaram, learned Senior Counsel for the petitioner submitted that even as per the counter filed by the 2nd respondent, as there is no eligible candidate available under BC CAT 4 CV Post, the Board has duly filled the eligible candidates in the notified vacancy for the subject Geography under BC category. Since the petitioner is next to the person selected under the BC category, he is eligible to be appointed under BC CAT 4 CV.

6. On perusal of the counter affidavit filed by the 2nd respondent, it is revealed that vacancy under the BC CAT 4 is reserved for persons with disabilities. Four Percent reservation for Differently Abled shall be provided for the d