As per case facts, petitioners M.Kalyanasundaram and M.Jayaprakash applied for Graduate Teacher/BT Assistant in History and sought weightage marks for earlier TET certificates (2013/2017) as per a government order. They ...
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W.P. No.16397/2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Reserved onPronounced on
27.01.2026 04.02.2026
CORAM
THE HONOURABLE MR. JUSTICE M.DHANDAPANI
W.P. NO. 16397 OF 2025
AND
W.M.P. NOS. 18527, 18528 & 18536 OF 2025
1.M.Kalyanasundaram
2.M.Jayaprakash .. Petitioners
- Vs -
1.The State of Tamil Nadu
Rep. By its Principal Secretary to Govt.
School Education Department
Fort St. George, Chennai 600 009.
2.The Director of School Education
DPI Campus, College Road
Cjhennai 600 006.
3.The Teacher Recruitment Board (TRB)
Rep. By its Member Secretary
DPI Campus, College Road
Chennai 600 006. .. Respondents
Writ Petition filed under Article 226 of the Constitution of India praying
this Court to issue a writ of certiorarified mandamus to call for the records of the
3
rd
respondent in publishing the revised provisional selection list dated 4.4.2025
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W.P. No.16397/2025
for the subject History and to quash the same as being illegal and unsustainable
in law insofar as it does not include the petitioners name and for a consequential
direction to the respondents to award 5 marks to the 1
st
petitioner and 3 marks
to the 2
nd
petitioner as weightage marks which they are eligible for as per G.O.
Ms. No.147, School Education (TRB) Department dated 22.08.2023 and
consequently include the petitioners in the final selection list and appoint them
as Graduate Teacher/BT Assistant in the subject History pursuant to the
recruitment notification dated 25.10.2023.
For Petitioners:Ms. N.Kavitha Rameshwar
For Respondents:Ms. Mythreye Chandru, Spl. GP
For RR-1 & 2
Mr. C.Kathiravan for R-3
ORDER
Aggrieved by the non-inclusion of the petitioners name in the revised
provisional seniority list for the post of Graduate Teacher/BT Assistant by not
awarding marks for the TET qualification obtained by the petitioners inspite of
directions given in G.O. Ms. No.147, School Education (TRB) Dept., dated
22.8.2023, the present petition has been preferred before this Court, with a
prayer to quash the revised provisional seniority list and to include the names of
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W.P. No.16397/2025
the petitioners by granting the requisite marks as mandated in the aforesaid G.O.
Ms. No.147.
2. It is the case of the petitioners that pursuant to the notification dated
25.10.2023 issued by the 3
rd
respondent calling for applications for the post of
Graduate Teachers/Block Resource Teacher Educators (for short ‘BRTE’), the
petitioners applied for the said post by submitting their application for subject
History. Further, the 1
st
petitioner applied under the PSTM category.
3. The petitioners uploaded their application along with the requisite
documents, including the TET qualification certificate and attended the
competitive examination conducted on 4.2.2024 for which results were published
by the 3
rd
respondent on 18.5.2024. Both the petitioners obtained 80.50 marks
including weightage marks and they belong to MBC category. Thereafter the
petitioners participated in the certificate verification. During the process of
certificate verification, the petitioners produced the TET certificate obtained by
them in the year 2013 and 2017 by the 1
st
and 2
nd
petitioner and sought for award
of weightage marks as per G.O. Ms. No.147 as they are eligible to get 5 marks and
3 marks respectively.
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W.P. No.16397/2025
4. It is the further case of the petitioners that the 3
rd
respondent published
the provisional selection list on 1.8.2024 in which the petitioner’s name were not
found, which prompted the petitioners to approach the 3
rd
respondent,
whereupon, they were informed that since they had uploaded the TET certificate
of the year 2022 alone, they were awarded only 0.5 marks as weightage marks. It
is the further averment of the petitioners that persons like the petitioners, who
completed additional degree were granted marks as weightage as per G.O. Ms.
No.147 and, they sought for the same treatment, however, they were not
provided with the same.
5. It is the further averment of the petitioners that as per the recruitment
notification, weightage marks is envisaged for those who are qualified to be
appointed even in 2013. If the petitioners are awarded weightage marks as
provided for in G.O. Ms. No.147, they would have obtained 85 and 83 marks
respectively, which would be above the cut-off marks of 81 and, therefore, would
be qualified to be selected and included in the provisional selection list, as, as per
G.O. Ms. No.147, weightage marks are to be awarded from the date of the earlier
year of passing of TET.
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6. Alternatively, it is averred by the petitioners that even if the petitioners
are to be held that they became eligible for the post of BT Assistant in the subject
History only in 2019 and 2020 respectively when they completed their additional
degree, they would have to be given weightage atleast from the year 2019 when
they obtained the TET certificate and, therefore would have to be awarded
atleast 2 marks, which would also enable the petitioners to be above the cu-off
marks, but the not-grant of weightage marks as per the Government Order has
resulted in the petitioners losing their chance of appointment. Inspite of the
representation of the petitioners, they have not been considered and, therefore,
left with no alternative, they have filed the present writ petition before this
Court.
7. Learned counsel appearing for the petitioner submitted that there is
gross violation of right of equality of opportunity to the petitioners in public
employment, which is hit by Articles 14 and 16 of the Constitution, as equal
treatment in the award of marks has not been meted out to the petitioners.
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W.P. No.16397/2025
8. It is the further submission of the learned counsel that though the 1
st
petitioner had obtained his TET certificate in the year 2013 and once again, after
completing a degree in History, obtained another TET certificate in the year 2019,
while the 2
nd
petitioner had obtained his first TET certificate in the year 2017 and,
thereafter, obtained the 2
nd
TET certificate in the year 2019, however, both the
TET papers were one and the same, as the petitioners had taken the TET papers
relating to English & Social Science, which has a common TET paper and the fact
that the petitioners attempted TET twice was only to improve their score, which
would be of no significance as English and Social Science has a common TET
paper while Maths and Pure Science has another common TET paper. Such being
the case, the 3
rd
respondent ought to have granted the benefit of G.O. Ms.
No.147 to the earlier TET certificate obtained by the respective petitioners in the
year 2013 and 2017 and given the weightage marks, which has been given to
similarly placed persons.
9. It is the further submission of the learned counsel that online uploading
of documents, which has been mandated in the notification did not permit
uploading of dual TET certificates and, therefore, the petitioners had uploaded
only the recent TET certificate obtained by them, but nevertheless, the
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W.P. No.16397/2025
petitioners would be entitled to the benefit of the weightage marks, to which
they are eligible under G.O. Ms. No.147.
10. It is the further submission of the learned counsel that even if the 2013
and 2017 TET certificates of the petitioners are not taken into consideration for
giving the weightage, the petitioners would be entitled to weightage from the
date of completion of their History degree in the year 2019 in which case, the 1
st
petitioner and 2
nd
petitioner would be entitled for 3 marks each. However, the 3
rd
respondent has given weightage of only 0.5 marks to the petitioners, which is
grossly erroneous. Accordingly, he prays for allowing the present petition with a
direction to include the names of the petitioners in the revised provisional
selection list and consequently appoint the petitioners as Graduate
Teachers/BRTE.
11. In support of the aforesaid submissions, learned counsel placed
reliance on the decision of this Court in B.Kodeeswari – Vs – State of Tamil Nadu
& Ors. (W.P. No.26215 of 2024 – Dated 10.09.2024).
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12. Per contra, learned counsel appearing for the 3
rd
respondent submitted
that the petitioners did not submit the TET certificate obtained by them in the
year 2013 and 2017 respectively by uploading the documents while submitting
their application for the aforesaid posts. It is the further submission of the
learned counsel that there is a clear direction in the notification that all the
relevant documents, which the candidates rely on and which are required for
consideration of their candidature have to be uploaded while submitting the
application form online. However, the petitioners have uploaded the TET
certificate of the year 2022 and, therefore, they have been given 0.5 marks as
weightage based on the provisions in the notification.
13. It is the further submission of the learned counsel that the petitioners
have not uploaded their TET certificate of the year 2013 and 2017 and, therefore,
the weightage marks could not be given and moreover, the petitioners have
applied for History for which they have obtained TET certificate only in the year
2022 and, therefore, the TET certificate obtained by them in the year 2013/2017
would not be eligible for weightage marks, as it was obtained for English subject.
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W.P. No.16397/2025
14. It is the further submission of the learned counsel that the eligible cut-
off for GT T is 83 and for MBC/DNC T is 81, but the petitioners have obtained only
80.5 marks and, therefore, they could not be considered for selection under
MBC/DNC T category. It is further submitted by the learned counsel that the
recruitment for Graduate Teacher/BT Assistant for the subject History has
attained finality by way of publication pf provisional selection list on 4.4.2025
and, therefore, in the absence of any vacancy, even otherwise, the candidature of
the petitioners cannot be considered. Therefore, he prays for dismissal of the
present writ petition.
15. In support of the aforesaid submissions, learned counsel placed
reliance on the following decisions :-
i)P.Uma Maheswari – Vs – The State of Tamil Nadu (W.P.
Nos.23143/2024 – Dated 22.8.2024); and
ii)T.G.Balaji – Vs – The State of Tamil Nadu (W.P.
No.15401/2024 – Dated 05.07.2024)
16. This Court gave its careful consideration to the submissions advanced
by the learned counsel appearing on either side and perused the materials
available on record.
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17. The fact that the petitioners had completed TET and obtained
certificate in the year 2013/2017 respectively, though they had completed
degree in History only in the year 2019. However, it is to be pointed out that the
petitioners had the basic degree in English Literature even in the year 2013, when
they completed their TET. Further, the obtainment of TET certificate is not
relatable to the degree obtained by the petitioners in the year 2013 or otherwise,
as the obtainment of TET certificate has no relevance to the completion of degree
as it is not as if the TET certificate should be obtained only upon completion of 10
+ 2 + 3 + 1 year. This is evident from the ratio laid down in Kodeeswari case
(supra). Therefore, the stand of the 3
rd
respondent that the petitioners had
completed degree in History only in the year 2019 and, therefore, the TET
certificate obtained in the year 2013/2017 would not have any relevance for
grant of weightage marks is grossly misconceived and, therefore, the said
contention deserves to be rejected.
18. It is also to be pointed out that though there are two streams, viz., one
for English/History and other is for Maths/Pure Science, however, TET
paper/exam for English Literature and History is one and the same. Therefore,
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the obtainment of TET certificate in the paper relating to English/History in the
year 2013 would not act as a deterrent with respect to the degree obtained by
the petitioner in History in the year 2019, more particularly, in view of the fact
that the TET certificate obtained by an individual from the date of coming into
force of TET would be a valid certificate as held by the National Council for
Teacher Education vide its communication dated 9.6.2021. Therefore, the TET
certificate obtained by the petitioners in the year 2013/2017 would be perfectly
valid.
19. It is not the case of the petitioners that while they had filled and filed
the online application for Graduate Teachers/BT Assistant in History, they had
uploaded the TET certificate obtained in the year 2013/2017. However, it is the
case of the petitioners that there was no provision for uploading the earlier TET
certificate obtained by them in the year 2013/2017 while filing and submitting
the online application and, therefore, they had produced the same at the time of
certificate verification, but the requisite weightage marks has not been provided
to them.
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20. Though such a contention is advanced on behalf of the petitioners, if
really, there was no option for uploading more than one TET certificate, the
petitioners ought to have approached this Court at the earliest instance and
sought for necessary direction. Based on the TET certificate uploaded by the
petitioners, pertaining to the year 2019, weightage marks have been granted by
the respondents.
21. On the basis of the documents uploaded by the petitioners weightage
marks have been granted to them. In this regard, calculation of weightage marks
has been provided for in Clause 11 of the Notification in which sub clause (vi)
clearly provides as under :-
“vi) In case, if a candidate has passed the TNTET – Paper –
II examination for more than one year, then the earlier year of
passing of TNTET – Paper - II examination with the specific
optional subject for which subject the candidates applied for
this recruitment shall be taken into account for the purpose of
awarding of weightage marks.”
22. In the present case, the petitioners have passed the TET examination
in the year 2013/2017, which is not disputed, but unfortunately, they have not
uploaded the said certificates while submitting their online application, but have
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only produced the same at the time of certificate verification, which has resulted
in the weightage marks not being granted to them. In this regard, sub-clause (vi)
of Clause 11 of the Notification, extracted supra, stands attracted, which though
provides that weightage marks would be given for the TET examination passed
for more than one year, however, harmoniously reading the same with the
Clause 8 of the Notification relating to Uploading the Documents/Certificates, it
could be safely held that such weightage marks would be given only for such of
the documents that have been uploaded along with the online application, which
is being verified in the certificate verification process. Only such a construction
would enable proper application of all the provisions.
23. Though it is the claim of the petitioners that they were unable to
upload their earlier TET certificates obtained by them in the year 2013/2017,
however, if really the petitioners had faced such difficulty, the petitioners ought
to have approached this Court seeking relief for uploading the said TET
certificates, since as early as on 9.6.2021, the TET certificates obtained since the
inception of TET have been given life time validity and, therefore, the petitioners
ought to have been more diligent in pursuing their remedy, moreso, when the
notification calling for application had prescribed for weightage marks for the
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earlier certificates obtained in TET. When the petitioners have not been diligent
enough and the whole recruitment process, more particularly for subject History
has attained finality and the provisional selection list has already been published
on 4.4.2025, which clearly transpires from the counter of the 3
rd
respondent,
which fact is not disputed by the petitioners, this Court cannot grant any relief to
the petitioners as they have approached this Court.
24. If really the petitioners had any difficulty in uploading the earlier TET
certificates obtained by them, they should have worked out their remedy and by
approaching this Court seeking the relief of uploading the earlier TET certificates
and the petitioners having miserably failed to do so, now cannot take a stand that
though they have completed TET in the year 2013/2017, but had uploaded only
the 2022 certificate, they should be permitted to rely on the earlier certificates to
claim the weightage marks. The petitioners having failed to agitate their rights at
the earliest point of time, cannot be permitted to have their grievance ventilated
at this distant point of time when the entire selection process has got over and by
now the persons, who have been selected have joined the said posts. If the
petitioners are permitted, then every other candidate can come back and raise
such a ground and the recruitment process would not see the end of the tunnel.
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Therefore, the plea of the petitioners cannot be granted and the writ petition
deserves to be dismissed.
25. However, it is to be pointed out that when the earlier TET certificates
are held to be valid throughout the life time of an individual and weightage marks
is being provided for acquiring additional TET certificate, it is incumbent on the
3
rd
respondent to provide for uploading of the earlier TET certificates by providing
necessary provision in the online portal, while the candidates apply for the post
through the online portal. Though a marked question was put to the 3
rd
respondent by this Court on the said aspect, however, no clear answer was
forthcoming with regard to whether multiple TET certificates could be uploaded.
If multiple certificates cannot be uploaded, then applicants who are in possession
of dual TET certificates ought to be granted weightage marks for the earlier
certificate, which could not be uploaded. Further, when there is a gaping error in
the application process with regard to certificate uploading, it cannot always be
put on the head of the applicant to knock the doors of this Court to seek the
indulgence of this Court for giving weightage to the certificate which could not be
uploaded. This Court cannot act as a post office by entertaining every case of
such nature and issue direction to the respondents to do the thing in a clear and
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proper. It is the duty of the respondents/authorities to discharge their duties
properly and it cannot be thrusted on the head of this Court to see to it that the
authorities discharge their duties properly, which this Court finds, day-in and day-
out that matters of such nature are filed where this Court issues a slew of
directions to the authorities to discharge their duties, which only consumes
precious judicial time. Therefore, this Court directs the 3
rd
respondent to ensure
that provision is made in the online application portal for uploading multiple
documents relating to TET certificates so that the applicants do not suffer non-
uploading of earlier TET certificate disabling them to get the requisite weightage
marks.
26. For the reasons stated above, this writ petition fails and the same is
dismissed with the aforesaid observations and directions. Consequently,
connected miscellaneous petitions are closed. There shall be no order as to
costs.
04.02.2026
Index : Yes / No
GLN
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W.P. No.16397/2025
To
1.The Principal Secretary to Govt.
School Education Department
Government of Tamil Nadu
Fort St. George, Chennai 600 009.
2.The Director of School Education
DPI Campus, College Road
Cjhennai 600 006.
3.The Member Secretary
Teacher Recruitment Board (TRB)
DPI Campus, College Road
Chennai 600 006.
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W.P. No.16397/2025
M.DHANDAPANI, J.
GLN
PRE-DELIVERY ORDER IN
W.P. NO.16397 OF 2025
Pronounced on
04.02.2026
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