M ANBAZHAGAN Vs. CHAIRMAN TEACHER RECRUITMENT BOARD

JUDGEMENT

(1.) THE writ petition is filed by the petitioner seeking for a direction to the first respondent viz., Teacher Recruitment Board to appropriately modify or amend Para 5(b) of the prospectus issued, calling for applications for direct recruitment to the post of Senior Lecturers in District Institutes of Education and Training coming under the Directorate of Teacher Education and also to grant necessary relaxation of 5 marks from the requirement of having 55% in M.Ed Degree in respect of candidates belonging to Schedule Castes and Scheduled Tribes and also to consider the petitioner's case for selection to the post of Senior Lecturer in History based upon his application dated 20.01.2012.

(2.) WHEN the matter came up on 15.02.2012, this Court was not inclined to admit the writ petition and directed the learned Special Government Pleader to take notice. In the meanwhile, the petitioner filed M.P.No.2 of 2012 seeking to amend the prayer in the writ petition so as to set aside the condition found in para 5(b) of the prospectus. Para 5(a & b) of the prospectus prescribes the minimum educational qualifications for the post which reads as follows:- "5a)General Qualifications : The candidate should possess a minimum general qualification as defined in schedule to the General Rule for the Tamilnadu State and Subordinate Service and M.A./M.Sc Degree (in 11+1+3+2 / 10+2+3+2 pattern) with Tamil, English, Mathematics, Physics, Chemistry, Botany, Zoology, History and Geography as Major subjects obtained from a recognised University with 50% Marks. (Both UG and PG Degrees should be in the same subject). b.Professional Qualifications: The candidate should possess the following professional qualifications as follows: M.Ed.Degree with 55% Marks obtained from a Recognised University. Direct M.Ed. (without B.Ed) Degree holders are not eligible."

(3.) HOWEVER, it is not clear as to how such procedure can be laid in altering the minimum qualification prescribed by the authorities, on the contrary, it is always open to the appointing authority. In the present case, the State Government has prescribed minimum general educational qualification for being considered for the said post. If once the authorities have prescribed qualification, the said standard cannot be diluted in any form especially by the Court sitting under Article 226 of the Constitution. On the other hand, the petitioner's contention that as a matter of right, there must be relaxation is not borne out by the judgment referred to by her.