C. HARATHI Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) The non-selection of the writ petitioner for appointment to the post of Secondary Grade Teacher for the year 2012 is under challenge in the present writ petition. Further, direction is sought for to select and appoint the petitioner to the post of Secondary Grade Teacher.

(2.) The writ petitioner states that she passed 10th standard in March 1996 and then Higher Secondary School Examination in March 1998. She underwent two years Diploma course in Teacher Education for a period from 2009-2011 and completed the said course in June 2012. She was awarded a Diploma in Elementary Education by the Government of Tamil Nadu. The said Diploma is equivalent to the Secondary Grade Teacher Certificate qualification as per Tamil Nadu Elementary Education Subordinate Service Rules. The certificate of Diploma was issued on 31/12/2012. She has registered her qualification in the Employment Exchange.

(3.) As per the notification issued by the National Council for Teacher Education (NCTE), the Teachers Eligibility Test (TET) is mandatory for appointment to the post of Secondary Grade Teacher and as well as B.T.Assistant, apart from the academic qualifications. Pursuant to the notification, the Government of Tamil Nadu has issued G.O.(Ms).No.181 dtd. 15/11/2011, prescribing guidelines for conduct of examination. The petitioner participated in the examination in June 2012. In the result, for the said examination, very less number of candidates secured the pass percentage i.e., 60%, which is lower than the number of vacancies notified during the relevant point of time. Thus, the petitioner and other candidates were allowed to appear in the Supplementary Examination. The petitioner wrote the Supplementary Examination on 14/10/2012 and secured 92 marks out of 150, which is 60% and a pass percentage. The Teachers Recruitment Board by memo dtd. 3/11/2012, called the writ petitioner for certificate verification held on 9/11/2012. The petitioner appeared for certificate verification on 9/11/2012. However, the petitioner was not selected and the reason given for nonselection is that "the Diploma in Teachers Education is not completed". In fact, the petitioner completed the Diploma in Teachers Education in June 2012 and there was a delay in issuing the certificate by the Institution. The certificate was issued on 31/12/2012 and the petitioner was not provided with an opportunity to submit her certificate issued by the Institution.