IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 25.10.2025 CORAM THE HONOURABLE Mr. JUSTICE G.K.ILANTHIRAIYAN Bhuvaneshwari …. Petitioner Vs

1.The State of Tamilnadu, 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 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 Teachers Recruitment Board, Rep. by its Member Secretary, 4th Floor, DPI Campus, College Road, Chennai – 600 006. …. Respondents Prayer : Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Declaration, declaring that the petitioner is entitled to be appointed as B.T. Assistant teacher / Secondary Grade as the case may be on the basis of her TET marks and the year of passing TET in 2013 and 2017, having duly completed certificate verification on 26.07.2017, prior to the issuance of G.O.Ms. No. 149 School Education (TRB) Department dated 20.07.2018 without resorting to any further competitive examination as contemplated under G.O.Ms. No. 149 as a measure of equity and fairness and also on the foundation of the doctrine of promissory estoppel and legitimate expectation.

For Petitioner : Mr.D.Selvam For R1 to R4 : Mrs.S.Mythreye Chandru Special Government Pleader For R5 : Mr.C.Kathiravan Standing Counsel

ORDER

This Writ Petition has been filed for a declaration declaring that the petitioner is entitled to be appointed as B.T. Assistant teacher / Secondary Grade as the case may be on the basis of her TET marks and the year of passing TET in 2013 and 2017, having duly completed certificate verification on 26.07.2017, prior to the issuance of G.O.Ms. No. 149 School Education (TRB) Department dated 20.07.2018 without resorting to any further competitive examination as contemplated under G.O.Ms. No. 149 as a measure of equity and fairness and also on the foundation of the doctrine of promissory estoppel and legitimate expectation.

2.Heard the learned counsel appearing for the petitioner, the learned Special Government Pleader appearing for the respondents 1 to 4 and the learned Standing Counsel appearing for the fifth respondent. Perused the materials available on record.

3. Already G.O.Ms.No.149, School Education (TRB) Department, dated

20.07.2018, which ordered for competitive examination, has been challenged before this Court in W.P.No.161 of 2024. This Court, by an order dated 08.01.2024, dismissed the writ petition and upheld the Government order. The relevant portion of the order of this Court in W.P.No.161 of 2024, dated 08.01.2024 reads hereunder :

“11. There cannot be any prejudice caused to any of the candidates who passed TET for the reason that weightage marks are being given as per the notification issued by the TRB in notification No.3/2023, dated 25.10.2023. That apart, the Government had taken a policy decision to conduct separate competitive examination as early as in the year 2018. Therefore, challenging the impugned order of the year 2018 itself would amount to a 'stale claim', which is not entertainable, at this length of time, that too, after the notification was issued by the TRB dated

25.10.2023. Pursuant to the said notification, the applications were received till 30.11.2023 about more than 40000 and the competitive examination is scheduled to be held on 04.02.2024. A policy decision can only be challenged on the ground of illegality or contrary to law or any constitutional prohibition. In the case on hand, no ground of malafideness, unreasonableness or arbitrariness and overwhelming public interest is made out. It is settled law that the Courts can interfere only the decision making process is vitiated by malafides, unreasonableness or arbitrariness and overwhelming pub