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2026 Supreme(Online)(Mad) 47130

IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.T. Asha, J
Ramar – Appellant
Versus
Goverment of Tamil Nadu – Respondent
Writ Petition



Advocates:
For the Appellants/Petitioners: P.A.Sai Govindaraja
For the Respondents: V.Prasad, C.Kathiravan

The High Court may issue a Writ of Mandamus directing a competent public authority to consider and dispose of a pending administrative representation in accordance with the law, without expressing a final opinion on the merits of the underlying dispute.

Headnote:The petitioner challenged the selection process for the post of Physical Education Teacher, alleging that certain candidates had secured appointments through the Tamil Medium (PSTM) quota by furnishing fraudulent certificates. The petitioner, having unsuccessfully sought administrative intervention and RTI disclosures, invoked Article 226 of the Constitution of India seeking a Writ of Mandamus to compel a verification process and his own appointment. The Court, without addressing the underlying merits of the allegations, found it appropriate to direct the administrative authority to consider the candidate's pending representation. The primary issue concerns the procedural obligation of public authorities to act upon grievances regarding selection irregularities. The ratio decidendi established that when a representation is pending before an executive authority, the court may, under its writ jurisdiction, direct the concerned authority to adjudicate the representation within a stipulated timeframe, ensuring administrative accountability without pre-empting the findings on the merits of the contentions raised. The writ petition is disposed of with a direction to the second respondent to consider the representation dated 15.04.2026 and pass orders within two months.

Table of Content
1. overview of the factual background regarding alleged recruitment irregularities and previous litigation history. (Para 1 , 2 , 3)
2. the court exercises discretion to direct authorities to consider pending representations to ensure administrative due process. (Para 4 , 5 , 6)

PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents to conduct due investigation and eliminate the ineligible Physical Education teachers and issue a Physical Education Teacher Appointment order to petitioner either in the vacant post or in the 11 PSTM vacancies that have not been filled, through the 2nd respondent and sent it to the school Education Department by considering the representation dated 15.04.2026 within a time to be stipulated by this Court.

For Petitioner(s): Mr.P.A.Sai Govindaraja For Respondent(s): Mr.V.Prasad, Government Advocate – R1 and 3 to 5 Mr.C.Kathiravan, Standing Counsel - R2

Order

This writ petition has been filed seeking the issuance of a writ of mandamus directing the respondents to conduct due investigation and eliminate the ineligible Physical Education teachers and issue an appointment order to the petitioner for the post of Physical Education Teacher either in the vacant post or in the 11 PSTM vacancies that have not been filled, through the 2nd respondent and forward the same to the School Education Department by considering the representation dated

15.04.2026 within a time to be stipulated by this Court.

2. The petitioner would submit that he had applied for the post of Physical Education Teacher pursuant to TRB Notification No. 05/2017 dated 26.07.2017. Though the notification was issued in 2017, the selection process was completed only in November 2020 owing to pending litigations. The petitioner belongs to the Scheduled Caste community and possesses the requisite qualification for appointment as Physical Education Teacher. Several candidates were selected under the PSTM quota on the basis of certificates claiming that they had studied B.P.Ed./M.P.Ed. and allied courses in Tamil Medium at YMCA College of Physical Education, Chennai. According to information obtained under the RTI Act and records furnished by the concerned authorities, the said courses were conducted only in English Medium and not in Tamil Medium. Therefore, the PSTM certificates produced by such candidates are alleged to be false and fabricated. Owing to the selection of ineligible candidates under the PSTM quota, the petitioner lost a legitimate opportunity for selection and appointment.

3. The petitioner filed W.P.No.7192 of 2021 before this Court and this Court vide order dated 19.03.2021 disposed of the said Writ Petition directing the respondents to consider the representation of the petitioner if he was found eligible. Since the direction was not implemented, he was forced to file a Contempt Petition. Thereafter, the petitioner’s claim was rejected on the ground that he did not reach the zone of consideration. The petitioner gave several representations to the authorities seeking verification of the PSTM certificates and consideration of his candidature. Since the said representations were not considered, the petitioner again filed W.P.No.34332 of 2022 before this Court seeking to furnish the documents sought by him under the Right to Information Act. The said Writ Petition was disposed of with a direction to the respondents to furnish the copies sought by the petitioner within a period of four weeks from the date of receipt of a copy of that order. Thereafter, the petitioner made a representation to the concerned authority on 15.04.2026 requesting to consider his candidature for appointment to the post of Physical Educational Teacher. However, there has been no response to date. Hence, the petitioner has filed this writ petition.

4. Heard the learned counsel for the petitioner and the learned counsel appearing for respondents.

5. Consider

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