D JAYALALITHA Vs. DIRECTOR OF ELEMENTARY EDUCATION

JUDGEMENT

(1.) HEARD both sides. Since the issue involved in all these writ petitions are common, all the writ petitions were heard together and a common order is passed.

(2.) IN all these writ petitions, the names of the petitioners were sponsored to the post of Secondary Grade Teacher by the respective district Employment Exchange for selection held for the year 2007-2008. In some of the cases, the petitioners' certificates which were already verified were sent for further verification since they had migrated from one Employment Exchange to another Employment Exchange. The Government had directed verification of such certificates in case there was any suspicion. But in no case, an appointment order was given in favour of the petitioners. In some of the cases, after the certificate verification, though the certificate of migration given by the petitioners was also found to be genuine, but there was still some dispute. When the petitioners were about to be given their appointment orders, the writ appeal in W. A. No. 119 of 2008 filed by the Unemployed Secondary Grade Teachers Welfare Association, Society Reg. No. 48. 2007 v. The State of Tamil Nadu, rep by its Secretary came to be heard by a Division Bench presided by P. K. Misra,j. (as he then was) before Madurai Bench.

(3.) THE contention of the said Association made before the single Judge as well as before the Division Bench was that the order of the State Government made in G. O. Ms. No. 447 Education Science and Technology Department dated 16. 07. 1996 in so far as it restricts the selection and appointment to the post of Secondary Grade Teachers on the basis of District Wise Seniority maintained by the Employment Exchange was ultra vires and unconstitutional. The appeal was allowed by the Division Bench vide its judgment dated 14. 05. 2008. The said judgment was subsequently reported in 2008 Writ L. R. 747.