IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 21.08.2025 CORAM THE HONOURABLE Mr.JUSTICE R. SURESH KUMAR AND THE HONOURABLE Mr.JUSTICE P. DHANABAL W.A.No.2521 of 2025 AND C.M.P.No.19927 of 2025

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

2.The Director of School Education DPI Campus, College Road Chennai 600 006

3.State Commissionerate for Welfare of the Differently Abled Rep. by the Director for Welfare of the Differently Abled No.5, Kamarajar Salai Lady Willingdon College Campus Chennai 600 005 .. Appellants Vs.

1.R.Kaliyappan

2.Teachers Recruitment Board

4^th Floor, DPI Campus, College Road Chennai 600 006 .. Respondents For Appellants : Mrs.Dakshayani Reddy Senior Counsel Assisted by Mr.S.Yashwanth Additional Government Pleader For 1^st Respondent : Mrs.N.Kavitha Rameshwar For 2^nd Respondent : Mr.R.Neelakandan Additional Advocate General Assisted by Mr.C.Kathiravan Standing Counsel J U D G M E N T (made by R. SURESH KUMAR, J.)

This intra-court appeal has been directed against the order dated 17.10.2024 made in W.P.No.26205 of 2024.

2. The short facts which are required to be noticed for the disposal of this writ appeal are as follows:

2.1. The 2^nd respondent herein i.e., Teachers Recruitment Board (in short would be called as “TRB”) issued a notification calling for applications from eligible candidates to fill up the post of Graduate Teachers-Tamil under the special category. The qualification prescribed for the said post as per the notification No.3/2023 dated 25.10.2023, issued by the TRB is that the candidates should possess graduation with at least 50% marks and B.Ed. (Special Education) from a recognised University. The qualification prescribed for the post should have been obtained by passing the required qualification in the order of studies, i.e., S.S.L.C. + H.S.C. or its equivalent + UG degree + B.Ed. degree. The B.Ed. (Special Education) degree should be obtained with specialisation in visual impairment/hearing impairment/ mental retardation and the candidates should also be qualified in TET Paper-II.

2.2. Pursuant to the aforesaid notification of the TRB, the 1^st respondent, who was the writ petitioner before the writ Court, also made an application which was processed along with applications submitted by others. The 1^st respondent/ writ petitioner participated in the recruitment/selection process conducted by the TRB and ultimately, received a communication from the TRB for verification of certificates.

2.3. After all these processes got completed, when the 1^st respondent/writ petitioner was waiting for the result of selection, the TRB has issued ineligible list dated 23.08.2024, wherein, the name of the 1^st respondent/writ petitioner also was included.

2.4. When the 1^st respondent/writ petitioner enquired the matter, it came to light that the 1^st respondent/writ petitioner does not possess a particular qualification viz., B.Ed. (Special Education) in mental retardation under Inclusive Education for Disabled at Secondary Stage (IEDSS) category.

2.5. As has been stated above, since the qualification prescribed under the notification is graduation with at least 50% marks and B.Ed. (Special Education) from a recognised University, the qualification which was held by the 1^st respondent/writ petitioner was not considered to be a required qualification and not only the 1^st respondent/writ petitioner, but also several other similarly placed persons, since they do not have such graduation i.e., B.Ed. (Special Education), were included in the ineligible list dated 23.08.2024, issued by the TRB.

2.6. Therefore, the 1^st respondent/writ petitioner was triggered to challenge such ineligibility list issued by the TRB dated 23.08.2024 and seek for a consequential direction to the respondents therein to appoint the 1^st respondent/ writ petitioner to the post of Graduate Teacher/B.T.Assistant-Tamil under B.Ed. (Special Education-mental retardation) c