P.SANGEETHA Vs. GOVERNMENT OF TAMILNADU

JUDGEMENT

(1.) IN all these Writ Petitions, the petitioners have qualified with a Diploma in Education and are seeking for granting concession in the matter of qualifying marks in terms of G.O.(Ms.) No.181, School Education (G2) Department dated 15.11.2011 in respect of the Tamil Nadu Teachers Eligibility Test conducted during the year 2012. By the G.O.(Ms.) No.181, School Education Department dated 15.11.2011, the State Government issued orders for conducting Teacher Eligibility Test, pursuant to the obligation vested on the State Government in view of Right of Children to Free and Compulsory Education Act, 2009 (for short RTE Act).

(2.) THE State Government in paragraphs 7 and 8 of the said G.O.directed as follows: "7. The Government carefully examined on the lines of the orders of Supreme Court of India in SLP ) No.18227=18228 dated 20.8.2008 and National Council for Teacher Education guideline and issue the following orders in respect of change of policy for recruitment of Secondary Grade and B.T.Teachers. i.In respect of Secondary Grade Teachers, the statewide seniority in Employment Exchange Registration will continue to be followed till the disposal of the SLP filed in the Supreme Court of India. ii.In respect of Graduate Assistants (B.T.Teachers Recruited by TRB for the classes VI to X) in all Middle Schools, High/Higher Secondary Schools, selection through written examinations ("Teacher Eligibility Test_ in accordance with the guidelines framed by National council for Teacher Education and certificate verification, will be followed. iii.The Teachers Recruitment Board is designate as the Nodal Agency for conducting of Teacher Eligibility Test and recruitment of Teachers. 8. Guidelines for conducting Teacher Eligibility Test is enclosed in the Annexure to the Government Order."

(3.) SUBSEQUENTLY , the Teachers Recruitment Board made an advertisement dated 7.3.2012 notifying the conducting of Tamil Nadu Teacher Eligibility Test (TNTET)-2012. Pursuant to the said advertisement, the petitioners applied for the post. Subsequently, when they did not secure 60% marks, they started claiming a special weightage in respect of SC/ST, OBC and differently abled persons in terms of the guidelines issued by the State Government referred to above and they also stated that 5% concession should be given to the reserved candidates. If 5% concession is made, then there is a chance for the petitioners being declared as a pass in the Teacher Eligibility Test. When the same was not forthcoming, this batch of Writ Petitions were filed both in the Madras Bench as well as in the Madurai Bench of this Court.