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2025 DAILYLAW 48492 (MAD)

BHARATHI.A v. THE GOVERNMENT OF TAMIL NADU

WP/15011/2024 · 2025-08-22

Sunder Mohan

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.No.15011 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22.08.2025 CORAM : THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE SUNDER MOHAN W.P.No.15011 of 2024 Bharathi.A D/o.Aswathanarayana, No.3/499, Mudugurikki, Pannapalli, Hosur, Krishnagiri District, Pin-635 105. Petitioner Vs 1.The Government of Tamil Nadu Rep. by its Secretary Department Human Resources Management, Fort St.George, Chennai-600 009. 2.The Government of Tamil Nadu Rep. by its Secretary Department of School Education, Fort St.George, Chennai-600 009. 3.The Teachers Recruitment Board Rep. by its Chairman, DPI Campus, College Road, Chennai-600 006. ______________ p. 2 W.P.No.15011 of 2024 4.The Director of Elementary Education DPI Campus, College Road, Chennai-600 006. Respondents PRAYER : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of declaration declaring that Section 21-A(1) of the Tamil Nadu Government Servants (Conditions of Service) Amendment Act 2023 giving statutory effect to G.O.Ms.No. 133 dated 01.12.2021 of the 1st respondent herein in so far as it relates to direct recruitment of teachers from among the candidates belonging to linguistic minorities in Tamil Nadu, by respondents 2 to 4 herein is unconstitutional and, consequently direct the respondents herein to restore the provisions of Section 21 of the Tamil Nadu Government Servants (Conditions of Service) Act, 2016 which provided that a candidate selected and appointed, should pass the Second-Class Language Test (Full-Test) in Tamil conducted by the Tamil Nadu Public Service Commission, within a period of two years from the date of appointment failing which he/she will be discharged from service. For Petitioner: Mr.A.Mohamed Anish Khan For Respondents: Mr.P.S.Raman Advocate General assisted by Mr.T.Chandrasekaran Special Government Pleader for respondent No.1 ______________ p. 3 W.P.No.15011 of 2024 Mr.U.M.Ravichandran Special Government Pleader for respondent Nos.2 and 4 Mr.R.Neelakandan Additional Advocate General assisted by Mr.C.Kathiravan Special Government Pleader for respondent No.3 ORDER (Order of the Court was made by the Hon'ble Chief Justice) Learned counsel for the petitioner seeks to withdraw this writ petition. The writ petition is, therefore, dismissed as withdrawn. There shall be no order as to costs. (MANINDRA MOHAN SHRIVASTAVA, CJ) (SUNDER MOHAN,J) 22.08.2025 Index : Yes/No Neutral Citation : Yes/No sasi ______________ p. 4 W.P.No.15011 of 2024 To: 1.The Secretary Government of Tamil Nadu Department Human Resources Management, Fort St.George, Chennai-600 009. 2.The Secretary Government of Tamil Nadu Department of School Education, Fort St.George, Chennai-600 009. 3.The Chairman, Teachers Recruitment Board DPI Campus, College Road, Chennai-600 006. 4.The Director of Elementary Education DPI Campus, College Road, Chennai-600 006. ______________ p. 5 W.P.No.15011 of 2024 THE HON'BLE CHIEF JUSTICE AND SUNDER MOHAN,J. (sasi) W.P.No.15011 of 2024 22.08.2025 ______________