S LAVANYA Vs. DIRECTOR DIRECTORATE OF SCHOOL EDUCATION

JUDGEMENT

(1.) THE five petitioners were admitted in the Teacher Training Course by the 4th respondent Raak Teacher Training Institute for the academic year 2011-2012. When the names were sent for approval by the Competent Authority, viz., the Director of School Education, Puduchery informed that the 5 petitioners were not qualified for being admitted to the Diploma in Teacher Education Course. The reason given in the order was that all the 5 petitioners have scored less than 45 % and the minimum eligibility for entry into the said course as prescribed by the Union Territory is 45%. Challenging the rejection and non-grant of approval, the petitioners have filed the present writ petitions.

(2.) TWO grounds were urged by Mr.K.Muthukumarasamy, learned counsel for the petitioners. The first ground was the petitioners atleast in one case had secured 44.8% and that can be rounded of to 45%. Secondly, in the neighbouring State of Tamil Nadu, there is no requirement of minimum percentage of marks for the SC/ST candidates. Therefore, there is no justification for the first respondent Director to prescribe the minimum eligibility marks for SC/ST candidates.

(3.) IN this context, it is necessary to refer to the judgment of the Supreme Court in State of Orissa v. Mamata Mohanty reported in (2011) 3 SCC 436. In paragraphs 39 to 42, 48,50, 51 and 66, the Supreme Court had observed as follows:-