G N MANIKANDAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Heard both sides. The petitioner has filed the present writ petition seeking for a direction to conduct a special qualifying examination so as to continue to hold the post of Computer Instructor in any one of the Government Higher Secondary School in the State.

(2.) It is claimed by the petitioner that he was appointed as a Computer Instructor having been sponsored on contract basis by NIIT. He had also registered his name in the employment exchange. It was also admitted by him that his salary is paid by the ELCOT through the Parents Teachers Association of the School. The petitioner has been teaching from the year 1999-2000. A special examination was conducted by the Government for similarly placed persons. When they were permitted to write the examination, the petitioner also must be given an opportunity to do so.

(3.) It is no doubt true that the State Government took a policy decision to absorb the Computer Science instructors although they were not qualified in terms of the Tamil Nadu Higher Secondary Education Service Rules. For this purpose, a special Test was conducted. Initially it was decided to absorb such of those persons who had secured 50% marks in the Special qualifying examinations. But after the process had commenced it was decided that those who had scored 35% above were also directed to be absorbed as regular P.G. Teachers. When the same was challenged by the rival group before this court, a division bench of this court (W.A.No.1152 of 2007, dated 22.08.2008) upheld the action of the Government and endorsed the policy as an one time measure. Aggrieved persons including the State of Tamil Nadu moved the Supreme Court.