V. KANIMOZHI Vs. DIRECTOR OF SCHOOL EDUCATION

JUDGEMENT

(1.) The "Teachers Recruitment Board" (TRB), Government of Tamil Nadu issued Notification/Advertisement in Advertisement No.02/2013 inviting applications for direct recruitment to vacancies for the year 2012-2013 for the post of Post Graduate Assistants / Physical Education Directors Grade-I in the Tamil Nadu Higher Secondary Educational Service. The petitioner claims that she is fully qualified for being appointed as Post Graduate Assistant Teacher in Tamil. Therefore, she submitted her application and her application was entertained and duly registered by the TRB assigning Roll No.13PG15011028. The written examination was held on 21.07.2013. The petitioner participated in the same and she was called for certificate verification. After certificate verification, now the TRB has published the final list of selected candidates, in which, the petitioner has not been included. The petitioner's candidature has been rejected by the TRB by quoting G.O.Ms.No.107, Personnel and Administrative Reforms (M) Department, dated 18.08.2009. In other words, according to the TRB, the petitioner had not studied the courses in order. The petitioner is aggrieved by the same and that is how she is before this Court with this writ petition.

(2.) Study of courses in order means doing 10th standard followed by 12th standard (+2) followed by Under Graduate degree and followed by Post Graduate degree and then B.Ed. degree. In the case on hand, admittedly, the petitioner studied 10th standard and passed. Then she studied 12th standard (+2) but failed. Thereafter, under the Open University Scheme, from the University of Madras, she did B.A. degree in Tamil directly and secured a degree. Thereafter, she joined B.Ed. degree regular course and obtained that degree. Then, she joined M.A. degree regular course in Annamalai University and secured M.A. degree. Thereafter, she realised that unless she had passed the 12th Standard (+2) examination, she would not be eligible for appointment as Post Graduate Assistant Teacher. Therefore, she decided to do 12th Standard (+2) privately and passed that also. This according to the TRB, the petitioner before joining and obtaining B.Ed. degree, she had not passed the 12th standard (+2). As I have already narrated, she passed the 12th standard (+2) at the end i.e., after having secured B.A. degree, B.Ed. degree and M.A. degree. This, according to the TRB is contrary to G.O.Ms.No.107, Personnel and Administrative Reforms (M) Department, dated 18.08.2009 and it is stated to be the reason for rejection of the candidature of the petitioner.

(3.) The learned counsel appearing for the petitioner would submit that the said stand taken by the TRB is absolutely incorrect. She would submit that of course, G.O.Ms.No.107, Personnel and Administrative Reforms (M) Department, dated 18.08.2009, states that the degree obtained through Open University Scheme will be acceptable for Government appointments provided the candidate had done 10th standard followed by 12th standard (+2) before obtaining the Under Graduate degree. This Government Order in G.O.Ms.No.107, Personnel and Administrative Reforms (M) Department, dated 18.08.2009, according to the learned counsel came to be considered by a Division Bench of this Court in J.Joseph Irudayaraj Vs. Joint Director of School Education in W.A.No.1064 of 2012, wherein, by judgment dated 06.11.2013, the Division Bench has held that after obtaining the Under Graduate degree and Post Graduate degree through Open University/Correspondence Course, if a candidate had done the 12th standard also, that would satisfy the requirements of G.O.Ms.No.107, Personnel and Administrative Reforms (M) Department, dated 18.08.2009. Relying on the said judgment, the learned counsel would submit that, in the case on hand also the petitioner is similarly placed and therefore she is entitled for the relief as prayed for.