A RAMA MOORTHY Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) In these Writ Petitions, the petitioners have come forward to challenge the order of the State Government in G.O.Ms.No.283, Education Department, dated 03.11.2009. By the said order, the State Government had decided as a matter of policy 20% of the vacancies of the Art teachers will be reserved for candidates, who have sufficient qualification and working as non-teaching staff in various schools. Even within 20%, the Government has made further classification. The post will have to be filled up by 3% for Watchman, 3% for Office Assistant, 3% for Record Clerk, 3% for Laboratory Assistant, 4% for Junior Assistant and another 4% for Assistant. Even this order came to be made because there were earlier directions to consider the case of the petitioners and similarly placed persons, who have acquired a T.T.C Training Certificate by undergoing training for three months and who are also eligible to be appointed by G.O.Ms.No.753, School Education, dated 16.07.1985.

(2.) Some other petitioners have moved this Court with a direction to consider their candidature for appointment as Drawing Teacher by appointment by transfer. Under the relevant rules, for the post of Drawing Masters, the qualifications are Degree with Drawing and Painting under part III of the University in the State or its equivalent, Diploma in drawing and Diploma in painting and drawing from the Annamalai University or SSLC completed and Government Technical Higher Grade in free hand outline model or Government Diploma in drawing or Technical Teachers Certificate. The rules also provide that the post will have to be filled up by direct recruitment and as a residual clause, the post can be filled up by the persons who are having qualification of drawing from other services.

(3.) In the present case, the petitioners moved this Court with various Writ Petitions and this Court by order dated 04.01.2008 directed the case of the petitioners to be considered. It is the case of the petitioners that in order to circumvent relief being granted to the petitioners, the Government has come forward to issue impugned Government Order whereby reserving only 20% of the vacancies for the non-teaching staff who are having least qualification for appointment to the said post.