Madras High Court

WP/2339/2024 of BABU.V Vs THE GOVERNMENT OF TAMIL NADU on 25 August 2026

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25-08-2026

CORAM

THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM

AND

THE HON'BLE MR.JUSTICE KRISHNASWAMY GOVINDARAJAN

WP Nos. 2339, 15047, 15013, 2345, 2340, 2341, 15037 & 15039 of 2024

AND

WMP Nos. 19460 & 19461 OF 2025

W.P.No.2339 of 2024

Babu.V

S/o.Venkatesh,

..Petitioner(s)

WP No. 15037 of 2024

Yasodha G

C/o.Rajendraprasad

..Petitioner(s)

WP No. 15047 of 2024

Srinivasalu G

S/o.Gopalan,

..Petitioner(s)

WP No. 15013 of 2024

Lokesh A.M.

S/o.Murali

..Petitioner(s)

WP No. 15039 of 2024

S.Manjunatha

S/o.Siddappa

..Petitioner(s)

WP No. 2340 of 2024

Malasree.M

D/o.Marappa

..Petitioner(s)

WP No. 2341 of 2024

Radha P.N

W/o. Vijayakumar

..Petitioner(s)

WP No. 2345 of 2024

Anand T

S/o Thimmarayappa

..Petitioner(s)

Vs

1. The Government of Tamil Nadu

Rep By Its Secretary, Department Human Resources Management, Fort St. George, Chennai-009.

2. The Government of Tamil Nadu

Rep By Its Secretary,

Department of School Education, Fort St. George, Chennai-009.

3. The Teachers Recruitment Board

Rep By Its Chairman, DPI Campus,

College Road, Chennai-006.

… Respondents

all WPs

4. The Director of School Education

DPI Campus, College Road,

Chennai- 600006.

… 4th respondent

in W.P.Nos.2339, 2340, 2341 and 2345 of 2024

5. The Director of Elementary Education

DPI Campus, College Road,

Chennai-600 006.

… 4th respondent

in W.P.Nos.15037, 15047, 15013, 15039 of 2024

Writ Petitions filed under Article 226 of the Constitution of India, seeking 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 insofar 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 Conduced 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(s):

Ms.S.Sakthipriya

for Mr.K.Elango

For Respondent(s):

Mr.A.R.Suresh

Special Government Pleader

for R1, R2 and R4

R3 – No appearance

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Order

(Order of the Court was made by S.M.Subramaniam J.) The issue raised in the present writ petitions is no longer res integra. Hon'ble Supreme Court of India in W.P.(C)D.No.53141 of 2023 passed an order on 26.07.2024 as under: “The requirement of obtaining proficiency in the language of the State for appointment to the District Judicial Service is a valid requirement. The judicial officers on appointment to the District Judiciary have to appreciate evidence in the language of the State. The imposition of such a requirement is manifestly proper and, in any event, raises an issue of policy. We, therefore, decline to entertain the petition.”

2. In view of the orders of the Apex Court, the Writ Petitions stand dismissed. Consequently, connected miscellaneous petitions are closed. There shall be no order as to costs. (S.M.S.,J.) (K.G.R.,J.) 25-08-2026 Index : Yes / No Neutral Citation : Yes / No Speaking order / Non-speaking order mk

To

1. The Government of Tamil Nadu Rep By Its Secretary, Department Human Resources Management, Fort St. George, Chennai-009.

2. The Government of Tamil Nadu Rep By Its Secretary, Department of School Education, Fort St. George, Chennai-009.

3. The Teachers Recruitment Board Rep By Its Chairman, DPI Campus, College Road, Chennai-006.

4. The Director of School Education DPI Campus, College Road, Chennai- 600006.

5. The Director of Elementary Education DPI Campus, College Road, Chennai-600 006.

S.M.SUBRAMANIAM J. AND KRISHNASWAMY GOVINDARAJAN J. mk WP Nos. 2339, 15047, 15013, 2345, 2340, 2341, 15037 & 15039 of 2024 AND WMP Nos. 19460 & 19461 OF 2025 25-08-2026

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