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2014 DIGILAW 3608 (MAD)

Secretary to Government, School Education [T. R. B. Department] v. S. Murugeswari

2014-09-24

M.JAICHANDREN, R.MAHADEVAN

body2014
Judgment : M. Jaichandren, J. 1. Heard Mr.AL.Somayaji, the learned Advocate General, assisted by Mr.VR.Shanmuganathan, the learned Special Government Pleader, appearing on behalf of the appellants, as well as Mr.T.Lajapathi Roy, the learned counsel appearing on behalf of the respondents. 2. These Writ Appeals have been filed against the interlocutory order of the learned Single Judge, dated 03.09.2014, made in M.P.[MD].Nos.2,1,2,2,3,4,2,2,2,1,2,1,1,2,3,2,2,1 of 2014, in W.P.[MD].Nos.11202, 12224, 12432, 12884, 13516, 13578, 13633, 13856, 14134, 14239, 14304, 14438, 14439 and 14497 of 2014. 3. Mr.AL.Somayaji, the learned Advocate General, appearing on behalf of the appellants had submitted that the learned Single Judge had passed an order, dated 03.09.2014, with regard to the recruitment being made, for filling up the vacancies in the posts of Secondary Grade Teachers and Graduate Assistants, as per the Government Order, in G.O.Ms.No.71, School Education [TRB] Department, dated 30.05.2014. The learned Advocate General had further submitted that a number of Writ Petitions had been filed, before this Court, relating to the recruitment process, adopted by the appellants herein. The Government Order, in G.O.Ms.No.71, School Education [TRB] Department, dated 30.05.2014, which prescribes certain procedures to be followed, during the process of recruitment, has also been challenged. The weightage of marks to be assigned to the candidates, as per the Government Order, in G.O.Ms.No.71, School Education [TRB] Department, dated 30.05.2014, has also been questioned, in some of the Writ Petitions. During the pendency of the said Writ Petitions, the learned Single Judge had passed an interim order, dated 03.09.2014. The operative portion of the interim order reads as follows:- "32. The respondents are permitted to continue the selection process. However, appointment orders should not be issued, until further orders. 33. The above order was passed at 01.00 PM. Subsequently, at 02.15 PM, Mr. K.Chellanpandian, the learned Additional Advocate General appeared before the Court and submitted that counseling for recruitment commenced on 02 September 2014 and some of the candidates have already been given appointment orders. The learned Additional Advocate General, on instructions from the Teachers Recruitment Board, confirmed the factual position that none of the appointees have assumed charge so far. 34. In view of the said submission, the respondents are restrained from issuing appointment orders henceforth. The Teachers Recruitment Board is permitted to continue the counseling. However, the appointees should not be permitted to join until further orders." 4. 34. In view of the said submission, the respondents are restrained from issuing appointment orders henceforth. The Teachers Recruitment Board is permitted to continue the counseling. However, the appointees should not be permitted to join until further orders." 4. The learned Additional Advocate General had relied on the decision of a Division Bench of this Court, dated 22.09.2014, made in W.A.Nos.707 of 2014, etc., batch, upholding the validity of the Government Order, in G.O.Ms.No.71, School Education [TRB] Department, dated 30.05.2014. He had further submitted that in view of the Judgment of the Division Bench of this Court, the present Writ Appeals are liable to be allowed, setting aside the order of the learned Single Judge, dated 03.09.2014. 5. Mr. T.Lajapathi Roy, the learned counsel appearing on behalf of the respondents, had submitted that certain vital issues raised in some of the Writ Petitions had not been addressed by the Division Bench of this Court, in its Judgment, dated 22.09.2014, made in W.A.No.707 of 2014, etc., batch, and therefore, the said Judgment would not have the necessary binding force, to be followed as a precedent, in the present Writ Appeals. 6. In view of the submissions made by the learned Advocate General appearing on behalf of the appellants, the learned counsel appearing on behalf of the respondents and on a perusal of the records available, we find it appropriate to allow the present Writ Appeals, setting aside the interim order, dated 03.09.2014, passed by the learned Single Judge, in view of the Judgment, dated 22.09.2014, made in W.A.No.707 of 2014, etc., batch. 7. In the result, the present Writ Appeals stand allowed, setting aside the interim order passed by the learned Single Judge, dated 03.09.2014, made in M.P.[MD].Nos.2, 1, 2, 2 , 3 , 4 , 2 , 2 , 2 ,1 , 2 , 1, 1, 2, 3, 2, 2, 1 of 2014, in W.P.[MD].Nos.11202, 12224, 12432, 12884, 13516, 13578, 13633, 13856, 14134, 14239, 14304, 14438, 14439 and 14497 of 2014, in view of the Judgment, dated 22.09.2014, made in W.A.No.707 of 2014, etc., batch. No costs. Consequently, connected Miscellaneous Petitions are closed.