S.Devi v. State of Tamil Nadu, rep.by Secretary to Government, Department of Education, Fort St.George, Chennai-600 009

IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 19.1.2009C O R A M :THE HONOURABLE MR. JUSTICE K. CHANDRUW.P.No.11546 of 1999S.Devi ..Petitioner-vs-1. State of Tamil Nadu, rep.by Secretary to Government, Department of Education, Fort St.George, Chennai-600 009.2. Chief Educational Officer, Office of the District Educational Officer, Erode.3. The Director, O/o.The Directorate of Teachers' Education, Research and Training, Chennai-600 006. ..Respondents (R3 impleaded as per order of Court dated 15.12.2003 in WPMP.1532/2000)PRAYER : Petition filed under Article 226 of the Constitution ofIndia praying for the issuance of a writ of certiorarified mandamuscalling for the records from the third respondent relating to hisproceedings in O.M.No.265/04/98, dated 27.2.1999, quash the sameand consequently direct the respondents to consider the petitioneron par with other candidates eligible for appointment as Secondarygrade (Middle Level) Teacher.For Petitioner : Ms.P.V.RajeswariFor Respondents : Mrs.C.K.Vishnupriya, AGP O R D E RHeard both sides.2. The petitioner seeks to challenge the order of the 3rdrespondent dated 27.2.1999 wherein by which the third respondentrefused to evaluate the Karnataka Teacher Training Certificateproduced by the petitioner on par with the educationalqualification prescribed by the State Government. The writ https://hcservices.ecourts.gov.in/hcservices/ petition was admitted on 7.7.1999. This court in the same day,directed one post of Secondary Grade Teacher to be kept vacantuntil further orders. Subsequently, the said direction came to bemade absolute on 13.10.1999. On behalf of the second respondent,a counter affidavit dated 6.9.1999 had been filed.3. The petitioner had passed S.S.L.C. Examination in 1990 andsecured 329 out of 500 marks. Subsequently, she had also passedH.Sc. Course and secured 588 out of 1200 marks. Thereafter shewrote an improved examination in September 1992. After writingthe examination, she had secured 599 out of 1200 marks. Thepetitioner joined Noori Teacher Training Institute, Andersonpet,Kolar, Karnataka State during 1992-94. She had secured a firstclass in May 1994 in the Teachers' Certificate Examinationconducted by the Karnataka Secondary Examination Board. She hadalso registered her name with the District Employment Exchange,Erode on 13.8.1994. Her Registration Number is W/H520/94. Thepetitioner's name was sponsored for the post of Middle LevelTeacher, the second respondent by a letter dated 2.12.1998, invitedthe petitioner for an interview to be held on 16.12.1988. 4. After perusal of our records, the petitioner was informedby a communication dated 27.2.1999 that since she had secured lessthan 60% which is the minimum mark required for joining a TeacherTraining Course, the same will not be treated on par with thecertificate issued by the State Government. The petitioner sent arepresentation pointing out that two of her batch-mates Mr.ChinnaRaja and Ms.Puviarasi were selected for the posts of Middle LevelTeachers and are working at Coimbatore and Kollathur respectively.Since she did not get any reply, she had filed the present writpetition.5. In the counter affidavit, the second respondent had statedthe petitioner's certificate can be evaluated only if she hadsecured 50% of the mark in the qualifying examination and sinceshe had not secured 50% of the marks in the Higher Secondaryexamination, her certificate cannot be evaluated. For this purpose,reliance was placed upon the Government Order in G.O.Ms.No.772Education, dated 25.5.1987, the Government letter dated 8.5.1987as well as the proceedings of the Director of School Educationdated 27.5.1987. Even in the subsequent Government order dated22.12.1987, the candidates who had passed Teacher Trainingcertificate after studying 10th standard will be considered forevaluation only up to the year 1987-1988 subsequently, from theyear 1987-88 onwards the candidates must possess H.Sc., schoolleaving certificate and since the petitioner in the HigherSecondary Examination during March 1982 and had secured only588/1200 and as it is less than 50%, her certificate cannot beevaluated . https://hcservices.ecourts.gov.in/hcservices/

6. However, Ms.P.V.Rajeswari, learned counsel for thepetitioner submitted that in the S.S.L.C. Examination she hadsecured 66% and on the basis of improvement marks in the H.Sc.,examination, she had secured 49.66%. If that is rounded off to50%, then she is eligible to get her certificate evaluated. Shealso brought to the notice of this court that the State Governmentissued G.O.Ms.No.906, Education Department dated 16.6.1987 wherein,the minimum education qualification required for admission todiploma course in teacher education was only a mere pass in theH.Sc., examination. She also placed further reliance uponG.O.Ms.No.1251, Education dated 14.12.1992 wherein, theGovernment has issued the revised procedure for appointment ofSecondary Grade Teachers in the schools in Tamil Nadu. In para 3and 3.1 of the said order, it is directed as follows:"The Government have carefully examined theproposal of the Director of School Education and havedecided to accept it. Accordingly, the Governmentdirected the following procedure should be adopted inthe matter of selection of Secondary Grade Teachersand Specialist Teachers on similar grade and scales ofpay in Government/Municipal and Panchayat Unionschools with immediate effect.(i) All candidates who possess the Diploma inTeacher Education awarded by the competent Board ofexaminations including those of other States shall bepermitted to appear for Screening Test to be conductedby the Director of Government Examinations subject tothe condition that they should possess minimumGeneral Educational Qualification prescribed by theGovernment of Tamil Nadu for admission to two yearDiploma in teacher Education Course viz., Xth standardfor those admitted to the course prior to the academicyear 1987-1988 and XII standard for those admitted tothe course from the academic year 1987-88 onwards.In the light of the subsequent orders passed by the Government,the learned counsel for the petitioner alternatively submitted thatthe petitioner is entitled to get her Teacher Training Certificateevaluated. 7. The submission made by the learned counsel for thepetitioner is well merited. When once the State permit theimprovement marks to be considered for all practical purposes asthe mark to which a candidate is entitled to possess, thepetitioner having got 596 out of 1200 which is 49.66% it can beconsidered as equal to 50% . Even otherwise, by the subsequentorders of the State Government, the minimum marks eligible foradmission to diploma course in Teacher Training having been reduced https://hcservices.ecourts.gov.in/hcservices/ to a mere pass in the H.Sc. Examination., the petitioner isentitled to get her certificate evaluated by the third respondent.8. In the light of the above, the writ petition stands allowedthe impugned order of the second respondent dated 27.2.1999 standsset aside. Since the rejection of the certificate by therespondents was only on the ground that she did not have minimumeligibility marks to enter in to a Teacher training course, theTeacher Training Certificate produced by the petitioner is to betreated as equivalent to of the certificate given by the StateGovernment. 9. As this court had already reserved to be kept vacantpending the out come of the writ petition, the respondents aredirected to give an appointment order to the petitioner asSecondary Grade Teacher in any one of the schools run under theircontrol. This exercise shall be carried out within a period ofeight weeks from the date of receipt of a copy of this order.There shall be no order as to costs. sd/-Asst.Registrar/true copy/Sub Asst.RegistrarTo1. The Secretary to Government, Department of Education, Fort St.George, Chennai-600 009.2. The Chief Educational Officer, Office of the District Educational Officer, Erode.3. The Director, O/o.The Directorate of Teachers' Education, Research and Training, Chennai-600 006. order in W.P.No.11546 of 1999RS (CO)GSK 29.01.2009.