K KARPAGAM Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THE prayer in the writ petition is to quash the order passed by the second respondent dated 17.7.2010 rejecting the request of the petitioner to call for Certificate verification for selection to the post of Senior Lecturer in the subject of Chemistry for DTERT/DIET and for a direction to the second respondent to make an arrangement to fill up the existing vacancies in the subject, Chemistry for the posts of Senior Lecturers in DTERT/DIET by calling the petitioner, who is a Backward Class-Woman.

(2.) THE case of the petitioner is that the petitioner passed M.Sc. Degree in Chemistry with 60.28% and M.Ed with 61.71% of marks and she is working in an unrecognised Private Teacher Training Institute. THE second respondent herein through newspaper Advertisement dated 19.8.2006 notified totally 163 vacancies and in the subject of Chemistry totally 9 vacancies. In the Notification dated 19.8.2006, it is stated that applications for appointment to the posts of Senior Lecturer/Lecturer for appointment in the Directorate of Teacher Education Research and Training/District Institute of Education Training are called for and selection will be made on the basis of ranks acquired in the written competitive examination and by following communal reservation. THE scale of pay of the Senior Lecturer was fixed at Rs.8000-275-13500 and for Lecturer Rs.6500-200-10500. It is also specifically stated in the Notification that communal reservation policy i.e. 30% for Backward Class, 20% for Most Backward Class, 18% for Scheduled Caste, 1% for Scheduled Tribe candidates, and 31% Open Competition vacancies, will be followed. THE reservation of vacancies for Women (30%), Orthopaedically handicapped (1%) and Blind (2%) for non-Science subjects and languages will be followed. It is also stated in the Notification that the qualification for Senior Lecturers is that the candidates should possess M.A. / M.Sc., with at least 50% marks and M.Ed with 55% marks along with Teaching Experience of at least 5 years in any recognised Teacher Training Institute /DIET in the State. THEy should also have five years of experience in Chemistry subject in handling Standards 6 to 8 in a recognised school. THE age of the candidates should not be 57 years as on 1.7.2006. Filled up applications were directed to be submitted in the office of the Chief Educational Officers on or before 1.9.2006. THE written examination was ordered to be conducted on 8.10.2006 in all the 30 District Headquarters and for Senior Lecturers on 15.10.2006 in Chennai only.

(3.) A counter affidavit is filed by the respondents by stating that after filling up the posts, only three vacancies were remaining for consideration i.e. Most Backward Class Women-1, General Women - 1, Backward Class Women - 1. All the three candidates, who were called for the second round of Certificate verification were found ineligible for various reasons. One Kalarani, who secured 51 marks in the written examination, was junior most of the three candidates referred. The said Kalarani, even though being Backward Class Women candidate, did not possess any teaching experience and therefore, she was found not eligible. It is also stated in the counter affidavit that 51 marks was fixed as cut-off mark for the Backward Women candidates and the petitioner having secured only 50 marks, the petitioner is not entitled to be considered for selection.