V. KRISHNAVENI Vs. DIRECTOR OF ELEMENTARY EDUCATION, CHENNAI,

JUDGEMENT

(1.) Heard the learned counsels appearing for the parties. Though the matter is listed for considering the question of direction, on consent of the counsels appearing, writ petition is taken up for disposal.

(2.) The question in this writ petition relates to approval of the petitioner as Secondary Grade Assistant. This post is reserved for Scheduled Caste. There is no dispute that the petitioner belongs to Scheduled Caste. Educational qualification required for such Secondary Grade Assistant is Diploma in Teacher Education or Secondary Grade Teacher Training Certificate. Petitioner is a Graduate with B.Ed., which admittedly is a higher qualification. Since no candidate belonging to Scheduled Caste having minimum qualification was available, on the basis of Non Availability Certificate issued by the Employment Exchange, an advertisement was made and the petitioner was selected. Subsequently the petitioner was appointed on 20.4.1998.

(3.) In the present case, the Government has refused to accord approval on the ground that since G.O was issued on 15.10.1999, it will not apply to the case of the petitioner, who was appointed on 20.4.1998. In my considered opinion this is only a technical objection raised by the Government. Even though G.O.Ms.No.301 was issued on 15.10.1999, such instruction was issued taking into account the vacancies of the years 1997 and 1998 and therefore, any person appointed in 1998 and otherwise qualified, should not be disapproved on this technical ground.