தீர்ப்பின் முழு விவரம்
IN THE HIGH COURT OF
JUDICATURE AT MADRAS
DATED : 13.06.2014
CORAM
THE HONOURABLE
MR.JUSTICE
S.NAGAMUTHU
W.P.Nos.10879 and 13639
of 2014
& M.P.No.1 of 2014 in
W.P.No.13639 of 2014
S.R.Kavitha ... Petitioner in
W.P.No.10879/2014
M.Sarasu ... Petitioner in
W.P.No.13639/2014
vs.
1.The Director of School
Education
DPI Complex, College Road
Chennai 600 006
2.The Chairman
Teachers Recruitment Board
DPI Complex, College Road
Chennai 600 006. ...
Respondents in both Writ
Petitions
Prayer in W.P.No.10879 of
2014: Writ Petition filed
under Article 226 of the
Constitution of India praying
for the issuance of a writ of
Mandamus directing the
respondents to consider the
petitioner for appointment to
the Post of Graduate
Teacher for classes VI to VIII
pursuant to the Certificate
Verification done on
25.1.2014.
Prayer in W.P.No.13639 of
2014: Writ Petition filed
under Article 226 of the
Constitution of India praying
for the issuance of a writ of
Mandamus directing the
second respondent herein to
select and appoint the
petitioner herein to the post
of B.T. Assistant (History)
in the Most Backward Class
Community category based
on the certificate verification
conducted on 7.5.2014.
For Petitioner in
W.P.No.10879/2014 :
Mr.K.S.Karthik Rja
W.P.No.13639/2014 :
Ms.Dakshayani Reddy
For Respondents in
both Writ Petitions :
Mr.R.Rajeswaran, Spl.G.P.
C O M M O N O R D E R
Since common issues are
involved in these writ
petitions, they are heard
together and disposed of by
this common order.
2. The petitioner in
W.P.No.10879 of 2014
claims that she is qualified
for being appointed as
Graduate Teacher.
Admittedly, the petitioner
studied 10th standard and
passed in 1989. Then she
studied 12th standard (+2)
but failed in the
mathematics paper.
Thereafter, under the
Distance Education Scheme,
she did Bachelor of
Literature (B.Lit.,) and
secured a degree in 2007.
Thereafter, she cleared the
Mathematics paper and
passed 12th standard in the
year 2010. Then, she joined
B.Ed degree and obtained
that degree in 2011. Thus,
according to the
respondents, since +2
course was not studied by
the petitioner before joining
degree course, she is not
entitled for the post of
Graduate Teacher. The
petitioner is aggrieved by
the same and that is how,
the petitioner is before this
Court with this writ petition.
3. Similarly, the petitioner in
W.P.No.13639 of 2014,
pursued the courses in the
order of 10th Standard in
the year 1985, 12th
Standard in 1990, B.A.
(History) in 2002, M.A., in
1995 and B.Ed., in 1996.
Thus, according to the
respondents, before joining
the M.A.Degree, she did not
complete the undergraduate
degree. The fact remains
that though the petitioner
had joined the Under
Graduate Degree course
before joining M.A.Degree,
she completed the Under
Graduate Degree course
only thereafter. Thus, it is a
case of reverse order.
Hence, the respondents
denied employment to the
petitioner. Aggrieved over
the same, the petitioner is
before this Court with this
writ petition.
4. I have heard the learned
counsel for the petitioners
and Mr.R.Rajeswaran,
learned Special Government
Pleader appearing for the
respondents.
5. In the counter affidavit
filed by the respondents, it is
stated that since the
petitioners have not studied
the course in order, they are
not eligible for being
considered for appointment
as Graduate Teacher and BT
Assistant respectively.
6. However, this issue is no
more res integra in view of
the order passed in
W.P.No.1068 of 2014 dated
11.03.2014 [V.Kanimozhi v.
The Director of School
Education], wherein, this
Court has held that doing
the courses not in order, but
in reverse order is not a
disqualification. In that
judgment, in paragraphs 12
to 14, this Court has held as
follows:-
"12. The Annamalai
University's case
(Annamalai University Vs.
Secretary to Government
reported in (2009) 4 SCC
590) has been referred to by
the two Division Benches in
their respective judgement.
That was a case where, a
Post Graduate degree
obtained directly under the
Open University system
without doing Under
Graduate degree was valid
or not came up for
consideration. In that case,
the Hon'ble Supreme Court
has held that before
obtaining M.A. degree, as
per UGC regulations, a
candidate should have
completed +2, followed by
Under Graduate degree
course. The Post Graduate
degree obtained through
Open University scheme
directly without having
obtained a Under Graduate
degree cannot be considered
for the purpose of
appointment as a Principal
in a College. In that
judgment, the Hon'ble
Supreme Court had no
occasion to consider as to
whether if a candidate
completes a Under Graduate
degree course after having
obtained his Post Graduate
degree under the Open
University system will be
eligible. This question was
virtually examined by the
Division Bench in J.Joseph
Irudayaraj's case (cited
supra). As a matter of fact,
the Division Bench in
J.Joseph Irudayaraj's case
(cited supra) has extensively
considered the judgment of
the Hon'ble Supreme Court
in Annamalai University's
case (cited supra).
13. In view of all the above,
I have no hesitation to hold
that rejection of the
candidature of the petitioner
by the second respondent is
not sustainable.
14. In the result, the writ
petition is allowed and the
impugned order of the
second respondent rejecting
the candidature of the
petitioner is hereby set
aside and the second
respondent is directed to
consider the petitioner for
appointment as Post
Graduate Assistant Teacher
in Tamil based on her
marks secured after
certificate verification, at
any rate, final orders, shall
be passed by the second
respondent in this matter
within a period of four
weeks from the date of
receipt of a copy of this
order. Consequently, the
connected miscellaneous
petitions are closed. No
costs."
7. In view of the said settled
position of law, I declare
that the petitioners are
entitled for being considered
for the post of Graduate
Teacher and BT Assistant
respectively.
S.NAGAMUTHU,J.
Svki
8. Accordingly, the writ
petitions are allowed and
the second respondent is
directed to consider the
petitioner in W.P.No.10879
of 2014 for appointment as
Graduate Teacher and the
petitioner in W.P.No.13639
of 2014 as B.T.Assistant
(History) based on their
marks secured after
certificate verification, at
any rate, final orders shall
be passed by the second
respondent in these matters,
within a period of four
weeks from the date of
receipt of a copy of this
order. No costs.
Consequently, connected
miscellaneous petition is
closed.
13.06.2014
svki
To
1.The Director of School
Education
DPI Complex, College Road,
Chennai 600 006
2.The Chairman
Teachers Recruitment Board
DPI Complex, College Road,
Chennai 600 006
W.P.Nos.10879 and
13639 of 2014
IN THE HIGH COURT OF
JUDICATURE AT MADRAS
DATED : 13.06.2014
CORAM
THE HONOURABLE
MR.JUSTICE
S.NAGAMUTHU
W.P.Nos.10879 and 13639
of 2014
& M.P.No.1 of 2014 in
W.P.No.13639 of 2014
S.R.Kavitha ... Petitioner in
W.P.No.10879/2014
M.Sarasu ... Petitioner in
W.P.No.13639/2014
vs.
1.The Director of School
Education
DPI Complex, College Road
Chennai 600 006
2.The Chairman
Teachers Recruitment Board
DPI Complex, College Road
Chennai 600 006. ...
Respondents in both Writ
Petitions
Prayer in W.P.No.10879 of
2014: Writ Petition filed
under Article 226 of the
Constitution of India praying
for the issuance of a writ of
Mandamus directing the
respondents to consider the
petitioner for appointment to
the Post of Graduate
Teacher for classes VI to VIII
pursuant to the Certificate
Verification done on
25.1.2014.
Prayer in W.P.No.13639 of
2014: Writ Petition filed
under Article 226 of the
Constitution of India praying
for the issuance of a writ of
Mandamus directing the
second respondent herein to
select and appoint the
petitioner herein to the post
of B.T. Assistant (History)
in the Most Backward Class
Community category based
on the certificate verification
conducted on 7.5.2014.
For Petitioner in
W.P.No.10879/2014 :
Mr.K.S.Karthik Rja
W.P.No.13639/2014 :
Ms.Dakshayani Reddy
For Respondents in
both Writ Petitions :
Mr.R.Rajeswaran, Spl.G.P.
C O M M O N O R D E R
Since common issues are
involved in these writ
petitions, they are heard
together and disposed of by
this common order.
2. The petitioner in
W.P.No.10879 of 2014
claims that she is qualified
for being appointed as
Graduate Teacher.
Admittedly, the petitioner
studied 10th standard and
passed in 1989. Then she
studied 12th standard (+2)
but failed in the
mathematics paper.
Thereafter, under the
Distance Education Scheme,
she did Bachelor of
Literature (B.Lit.,) and
secured a degree in 2007.
Thereafter, she cleared the
Mathematics paper and
passed 12th standard in the
year 2010. Then, she joined
B.Ed degree and obtained
that degree in 2011. Thus,
according to the
respondents, since +2
course was not studied by
the petitioner before joining
degree course, she is not
entitled for the post of
Graduate Teacher. The
petitioner is aggrieved by
the same and that is how,
the petitioner is before this
Court with this writ petition.
3. Similarly, the petitioner in
W.P.No.13639 of 2014,
pursued the courses in the
order of 10th Standard in
the year 1985, 12th
Standard in 1990, B.A.
(History) in 2002, M.A., in
1995 and B.Ed., in 1996.
Thus, according to the
respondents, before joining
the M.A.Degree, she did not
complete the undergraduate
degree. The fact remains
that though the petitioner
had joined the Under
Graduate Degree course
before joining M.A.Degree,
she completed the Under
Graduate Degree course
only thereafter. Thus, it is a
case of reverse order.
Hence, the respondents
denied employment to the
petitioner. Aggrieved over
the same, the petitioner is
before this Court with this
writ petition.
4. I have heard the learned
counsel for the petitioners
and Mr.R.Rajeswaran,
learned Special Government
Pleader appearing for the
respondents.
5. In the counter affidavit
filed by the respondents, it is
stated that since the
petitioners have not studied
the course in order, they are
not eligible for being
considered for appointment
as Graduate Teacher and BT
Assistant respectively.
6. However, this issue is no
more res integra in view of
the order passed in
W.P.No.1068 of 2014 dated
11.03.2014 [V.Kanimozhi v.
The Director of School
Education], wherein, this
Court has held that doing
the courses not in order, but
in reverse order is not a
disqualification. In that
judgment, in paragraphs 12
to 14, this Court has held as
follows:-
"12. The Annamalai
University's case
(Annamalai University Vs.
Secretary to Government
reported in (2009) 4 SCC
590) has been referred to by
the two Division Benches in
their respective judgement.
That was a case where, a
Post Graduate degree
obtained directly under the
Open University system
without doing Under
Graduate degree was valid
or not came up for
consideration. In that case,
the Hon'ble Supreme Court
has held that before
obtaining M.A. degree, as
per UGC regulations, a
candidate should have
completed +2, followed by
Under Graduate degree
course. The Post Graduate
degree obtained through
Open University scheme
directly without having
obtained a Under Graduate
degree cannot be considered
for the purpose of
appointment as a Principal
in a College. In that
judgment, the Hon'ble
Supreme Court had no
occasion to consider as to
whether if a candidate
completes a Under Graduate
degree course after having
obtained his Post Graduate
degree under the Open
University system will be
eligible. This question was
virtually examined by the
Division Bench in J.Joseph
Irudayaraj's case (cited
supra). As a matter of fact,
the Division Bench in
J.Joseph Irudayaraj's case
(cited supra) has extensively
considered the judgment of
the Hon'ble Supreme Court
in Annamalai University's
case (cited supra).
13. In view of all the above,
I have no hesitation to hold
that rejection of the
candidature of the petitioner
by the second respondent is
not sustainable.
14. In the result, the writ
petition is allowed and the
impugned order of the
second respondent rejecting
the candidature of the
petitioner is hereby set
aside and the second
respondent is directed to
consider the petitioner for
appointment as Post
Graduate Assistant Teacher
in Tamil based on her
marks secured after
certificate verification, at
any rate, final orders, shall
be passed by the second
respondent in this matter
within a period of four
weeks from the date of
receipt of a copy of this
order. Consequently, the
connected miscellaneous
petitions are closed. No
costs."
7. In view of the said settled
position of law, I declare
that the petitioners are
entitled for being considered
for the post of Graduate
Teacher and BT Assistant
respectively.
S.NAGAMUTHU,J.
Svki
8. Accordingly, the writ
petitions are allowed and
the second respondent is
directed to consider the
petitioner in W.P.No.10879
of 2014 for appointment as
Graduate Teacher and the
petitioner in W.P.No.13639
of 2014 as B.T.Assistant
(History) based on their
marks secured after
certificate verification, at
any rate, final orders shall
be passed by the second
respondent in these matters,
within a period of four
weeks from the date of
receipt of a copy of this
order. No costs.
Consequently, connected
miscellaneous petition is
closed.
13.06.2014
svki
To
1.The Director of School
Education
DPI Complex, College Road,
Chennai 600 006
2.The Chairman
Teachers Recruitment Board
DPI Complex, College Road,
Chennai 600 006
W.P.Nos.10879 and
13639 of 2014
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