Madras HC orders probe into Teachers Recruitment Board officials for ignoring Supreme Court ruling

The Madras High Court has ordered a probe to identify Teachers Recruitment Board (TRB) officials responsible for ignoring a Supreme Court ruling on how reserved-category backlog vacancies must be filled [Teachers Recruitment Board v. C Vijayalakshmi and connected cases].

A Bench of Justices SM Subramaniam and Krishnaswamy Govindarajan directed the TRB Chairperson to conduct an inquiry and identify the officials responsible for failing to implement the Supreme Court’s ruling in State of Tamil Nadu v. K Shobana.

The Court added that departmental disciplinary proceedings should be initiated against the officials, if necessary.

“The manner in which the provisional selection list for the post of P.G. Assistant (Economics) was issued shows that the Teachers Recruitment Board had disrespected the judgment of the Hon’ble Supreme Court which is deprecated,” the Court said.

The dispute arose from a 2021 notification issued by the TRB for the recruitment of postgraduate assistant teachers in Economics.

The candidates before the Court participated in the recruitment process and were included in the first provisional selection list published on September 14, 2022. However, their names were removed when the TRB issued a second provisional list on October 13, 2022.

The candidates challenged the revised list, arguing that the recruitment body had incorrectly applied Section 27(f) of the Tamil Nadu Government Servants (Conditions of Service) Act, 2016.

The provision deals with vacancies reserved for various communities and the treatment of backlog vacancies.

In K Shobana, the Supreme Court held that candidates belonging to reserved categories, who qualify on their own merit, must be placed against General Turn vacancies. Such candidates cannot be pulled down from the general merit list and adjusted against backlog vacancies reserved for their communities.

The Supreme Court had clarified that the word “first” in Section 27(f) only requires backlog vacancies to be filled before the current reserved vacancies. It does not mean that backlog vacancies must be filled before completing the General Turn merit list.

Therefore, the provision relating to reservation becomes applicable only after candidates selected on merit have been accommodated in the General Turn.

The TRB admitted before the High Court that it had not followed the Shobana ruling while preparing the second provisional selection list. It claimed that the decision had been applied only to an earlier recruitment of postgraduate assistants and Physical Education Directors.

It also argued that the Madras High Court’s subsequent judgment in J Sheena v. Tamil Nadu Public Service Commission, which followed Shobana, was delivered only in February 2024 and could not apply to a list published in 2022.

The Bench rejected the contention. It noted that the Supreme Court had already settled the interpretation of Section 27(f) before the TRB published both lists.

“On the date of publication of the first provisional list, the judgment of the Hon’ble Supreme Court was very much in force and having knowledge about the judgment, the Teachers Recruitment Board intentionally failed in its duty to implement the judgment of the Hon’ble Supreme Court in the case of Shobana,” the Court observed.

The High Court consequently ordered the cancellation of the second provisional selection list dated October 13, 2022.

It directed the TRB to prepare a fresh list by strictly applying the principles laid down in Shobana and followed by the Madras High Court in J Sheena. Appointments must then be made on the basis of the revised list.

The entire exercise must be completed within six weeks, the Court ordered.

Standing Counsel C Kathiravan represented the TRB.

Advocates NRR Arun Natarajan and Selvi Rajesh appeared for the candidates.

Special Government Pleader AR Suresh represented the State authorities.

[Read Judgment]