Sister S.Sagaya Rani v. The State of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 5-2-2008CORAMTHE HON'BLE MR.JUSTICE N.PAUL VASANTHAKUMARW.P.No.46530 of 2006 & M.P.No.1 of 2006Sister S.Sagaya Rani...PetitionerVs.1.The State of Tamil Nadu,rep.by its Secretary,Department of School education,Fort St.George,Chennai - 600 009.2.The Director of School Education,College Road,Chennai - 600 006.3.The Chief Educational Officer,Villupuram - 605 602,Villupuram District.4.The District Educational Officer,Villupuram - 605 602,Villupuram District.5.The Correspondent,St.Ann's High School,Thensiruvallur Post,Pkkiravari (via), Kallakurichi,Villupuram District - 606 204....RespondentsPrayer: This writ petition is filed under Article 226 of Constitutionof India, praying this Court to issue a writ of Certiorarified Mandamuscalling for the records relating to the impugned proceedings issued bythe 4th respondent District Educational Officer in O.Mu.No.4646/A3/2006,dated 12.7.2006 (refusing approval to the appointment of the petitioneras Post Graduate Assistant), quash the same and further direct the 4threspondent to grant approval forthwith to the appointment of petitioneras Post Graduate Assistant on the basis of the educational certificates https://hcservices.ecourts.gov.in/hcservices/ issued by the competent Universities viz., B.A. Degree, B.Ed.Degree,M.A. Degree and M.Ed Degree.For Petitioner: Mr.Issac MohanlalFor Respondents 1to4:Mrs.Dakshayani Reddy,Government Advocate(Education)O R D E RBy consent of both sides, the writ petition itself was taken up forfinal disposal.2.Prayer in the writ petition is to quash the impugnedproceedings issued by the 4th respondent District Educational Officer inO.Mu.No.4646/A3/2006, dated 12.7.2006, refusing approval to theappointment of the petitioner as Post Graduate Assistant and direct the4th respondent to grant approval of appointment of petitioner as PostGraduate Assistant on the basis of the educational certificates issuedby the competent Universities viz., B.A., B.Ed., M.A. and M.Ed Degrees.3.At the time of arguments the learned counsel for thepetitioner submitted that the petitioner was appointed as B.T.Assistant(Junior Grade) and hence he will be satisfied if he is approved in thepost of B.T. Assistant (Junior Grade) from 5.8.2003 with salary andother benefits. The said statement is recorded.4.The facts necessary for disposal of the writ petition are asfollows:(a) Petitioner passed M.A.,M.Ed. degrees in English and wasappointed as B.T. Assistant (Junior Grade) in English in the 5threspondent School on 5.8.2003. The said school is a recognised privateaided minority school. The vacancy arose on account of the transfer ofone Ms.Jenoviya to another school of the same management viz., toSt.Joseph Higher Secondary School, Suramangalam. The 5th respondentSchool management submitted proposal to the 4th respondent for approvalof the appointment of petitioner on 5.8.2003. All the educationalcertificates viz., SSLC, H.Sc, B.A., B.Ed., M.A., M.Ed., degreestogether respective with mark lists were enclosed along with theproposal(b)The 4th respondent sent a communication to the 5th respondentSchool on 23.7.2004 and stated that the details regarding petitioner'spass in higher secondary were not sufficient and further directed toproduce the particulars of the admission given in the college. Again,on 17.8.2004, the 4th respondent returned the proposal to themanagement. https://hcservices.ecourts.gov.in/hcservices/ (c)Petitioner approached the college where she studied viz.,Stella Mary's College, Chennai, and as per the details of her admission,the College informed that the records beyond ten years were notpreserved and the same are not available. The details of thepetitioner's educational qualifications are as follows:Sl.No.QualificationCollege/UniversityDate ofJoiningDate ofCompletion1.S.S.L.C.St.Joseph's High School,K.G.F., Bangalore7.6.19767.4.19782.H.Sc (+2)Private11.6.198311.10.19843.B.A. DegreeStella Mary's College,Madras (University ofMadras)21.6.198715.4.19904.B.Ed DegreeAnnamalai University12.6.199212.3.19935.M.A. DegreeAnnamalai University15.5.199312.12.19956.M.Ed DegreeAnnamalai University13.5.199611.5.1997(d)The petitioner passed SSLC examinations in the State ofKarnataka. She studied H.Sc. privately in Tamil Nadu, appeared forGovernment examinations in Chennai in April, 1984 with registrationNo.944177 and scored the following marks:Tamil...122English...104Elements of Economics...115Elements of Commerce...072Accountancy...100Advanced Language-English...057Except in Advanced Language-English, petitioner scored more than 70marks and in Advanced English, she scored only 57 marks.(e)Petitioner passed B.A.Degree by undergoing the course fromJune, 1987 to April, 1990 through Stella Mary's College, Madras.Petitioner joined B.Ed degree in Annamalai University throughcorrespondence course and passed the same in May, 1993 with optionalsubject as English and Special English. Petitioner also joinedM.A.degree in Annamalai University through correspondence course and https://hcservices.ecourts.gov.in/hcservices/ passed the same in December, 1995. Petitioner joined M.Ed. during 1996-1997 and passed the examinations in May, 1997.(f)The rejection of approval is challenged in this writ petitionon the ground that the Tamil Nadu Recognised Private Schools(Regulation) Rules, 1974, prescribes qualification for appointment asB.T. Assistant (Junior grade) with B.A./B.Sc. with B.Ed/B.T. degrees.Nowhere it is stated that the B.T.Assistant should have passed HigherSecondary. Pointing out the said statutory rule, the learned counselfor the petitioner submits that rejection of approval by the 4threspondent is unsustainable as the petitioner is fully qualified as perthe Rules.5.The learned Government Advocate appearing for the respondents1 to 4 on the basis of the counter affidavit submitted that thepetitioner having not passed H.Sc (+2) examinations, is not entitled toget approval of her appointment as B.T.Assistant (Junior Grade) in aidedschool. The claim made by the petitioner that she was appointed as P.G.Assistant is also objected as the petitioner was appointed only as B.T.Assistant cadre (Junior grade).6.I have considered the rival submissions of the learned counselappearing for the petitioner as well as the learned Government Advocate.7.The point in issue is whether the petitioner's appointment asB.T. Assistant (Junior Grade) in the 5th respondent School in a vacantpost is to be approved and whether the petitioner is qualified for beingappointed to the said post.8.The qualification for appointment as B.T.Assistant (JuniorGrade) in private schools is prescribed in Annexure V-A of the TamilNadu Recognised Private Schools (Regulation) Rules, 1974 - in Rule 15(6-A). In the said rule it is clearly stated that for junior grade B.EdTeacher in the Middle School/High School and Higher Secondary School,the qualification required is B.A. or B.Sc from any university in theState or its equivalent and B.T. or B.Ed.9.Admittedly, petitioner has passed B.A., B.Ed., M.A., and M.Ed.degrees from the recognised Universities. Pass in +2 is not therequired qualification as prescribed. In the impugned order the onlyreason stated for rejecting the approval is that the petitioner has notpassed +2 examinations in one subject. Even persons underwent B.Ed/B.T.through Open University Scheme are eligible and qualified forappointment as B.T.Assistant in Government Schools as per G.O.Ms.No.216P&AR Department, dated 26.8.1987 and those possessing higherqualification, though through Open University Scheme, are eligible toget incentive increment as per G.O.Ms.No.307 School EducationDepartment, dated 15.7.2000. https://hcservices.ecourts.gov.in/hcservices/

10.Similar issue as to whether a person, who was not having +2qualification, however passed B.A. and B.Ed degrees through OpenUniversity Scheme, is entitled to be appointed as Junior grade B.T.Assistant in Government Schools, came up for consideration before thisCourt in the decision reported in (2006) 2 MLJ 408 (B.S.Geethabai v.State of Tamil Nadu), wherein I have considered the Government Ordersreferred above and held that even if a candidate does not possess +2qualifications and passed B.A. and B.Ed degrees through Open Universitystream, is entitled to be appointed as B.T. Assistant (Junior Grade) inthe Government Schools. The said facts are equally applicable to thefacts in this case, except a difference in this case that the petitioneris appointed in a private aided school and the petitioner in the abovereferred reported case was directed to be appointed in a GovernmentSchool in the same cadre with same qualification in the same scale ofpay.11.In view of the above findings, I hold that the impugned orderpassed by the 4th respondent is unsustainable. The 4th respondent isdirected to approve the appointment of the petitioner as B.T. Assistant(Junior Grade) from 5.8.2003, the date of her appointment with salaryand other benefits. Necessary orders are directed to be passed by the4th respondent, within four weeks from the date of receipt of copy ofthis order and arrears of salary payable to the petitioner till January,2008, shall be calculated and paid to the petitioner, within six weeksfrom the date of receipt of copy of this order.The writ petition is allowed with the above directions. No costs.Connected miscellaneous petition is closed.Sd/Asst.Registrar/true copy/Sub Asst.Registrar vr https://hcservices.ecourts.gov.in/hcservices/ To1.The Secretary,Department of School education,Fort St.George, Chennai - 600 009.2.The Director of School Education,College Road, Chennai - 600 006.3.The Chief Educational Officer,Villupuram - 605 602, Villupuram District.4.The District Educational Officer,Villupuram - 605 602, Villupuram District.SA(CO)km/13.2.W.P.No.46530 of 2006 & connected MP.