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2026 Supreme(Online)(Mad) 103279
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 30-09-2026 CORAM THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE KRISHNASWAMY GOVINDARAJAN WA No. 837 of 2024 and CMP No.5835 of 2024 CNR: {HCMA010313432024}
S.Geetha ..Appellant(s)
Vs
1. The Secretary To The Government School Education Department, Secretariat, Chennai -9.
2. The Chairman Teachers Recruitment Board, College Road, Chennai 6.
3. The Member Secretary Teachers Recruitment Board, College Road, Chennai -6.
4. The Director Of School Education, Chennai 6.
..Respondent(s)
PRAYER: Writ Appeal filed under Clause 15 of Letters Patent to allow the writ appeal and set aside the order passed in WP No.27792 of 2017 dated
21.07.2023.
For Appellant(s): MR.K.M.Kanishkaran For Respondent(s): Mr.A.R.Suresh, Special Government Pleader FOR R1 and R4 MR.C.Kathiravan Standing Counsel for R2 and R3
JUDGMENT
(Judgment of the Court was delivered by S.M.Subramaniam J.)
The present Intra Court Appeal has been instituted by the writ petitioner who filed a writ petition to quash the proceedings dated 23.06.2016 issued by the Teachers Recruitment Board rejecting the candidature of the appellant for selection to the post of PG Assistant in the School Education Department.
2.Recruitment notification was issued in the year 2012-2013 for selection to the post of PG Assistant. The appellant participated in the process of selection. She was successful in the written examination. During the certificate verification, it is found that the appellant produced the Scheduled Caste community certificate issued by the Government of Andhra Pradesh. Regarding the other State certificate, the instructions issued by the Board clearly states that those candidates who are possessing certificate from the other States will be treated under the general category. Such instructions are binding on the candidates. During the certificate verification, the appellant has not produced the Scheduled Caste community certificate issued by the Government of Tamil Nadu. Therefore, she was considered under the general category. Since the appellant was not within the zone of consideration under the general category, her candidature was rejected. Almost 13 years lapsed from the date of recruitment notification.
3.The learned Standing Counsel for the Board would rely on the judgment of the Constitution Bench of the Hon’ble Supreme Court in the case of Bir Singh Vs. Delhi Jal Board and Others, (2018) 10 SCC 312. Paragraph No.156 of the said judgment reads as under:
156. Insofar as the States, I agree with the majority view that a person who is recognised as a member of Scheduled Castes/Scheduled Tribes in his original State, will be entitled to all the benefits of reservation under the Constitution in that State only and not in other States/Union Territories and not entitled to the benefits of reservation in the migrated State/Union Territory.
4.The learned Single Judge, in Paragraph Nos.17 and 19 of the writ order has made a finding that when the appellant applied for a post, she has to produce a certificate issued by the Government of Tamil Nadu. Admittedly, in the present case, the appellant submitted the Scheduled Caste community certificate issued by the Government of Andhra Pradesh and therefore, she will be categorized only under the general turn. Under the general turn, she was not selected. Therefore, there is no infirmity as such. The findings made by the Writ Court is inconsonance with the recruitment Rules as well as the instructions given to the candidates participated in the process of selection. Thus, the Writ Appeal is devoid of merits and stands dismissed. No costs. Consequently, connected miscellaneous petition is also closed.
