A. VALARMATHI Vs. CHAIRMAN, TEACHER RECRUITMENT BOARD

JUDGEMENT

(1.) THE petitioners, in all these cases, studied X Standard and completed XII Standard but did not get through the examination but, studied degree course in Open University. The petitioners in W.P. Nos. 19447 and 19810 of 2014 wrote Preparatory Programme Entrance Examination for admission to B.A. Degree through distance education and studied B.A. Degree, but later on, got through Higher Secondary Course Examination, and studied B.Ed Degree, and applied for the TRB Examination for teacher post and though secured good marks in the TRB Examination and were called for certificate verification, subsequently, they were not selected on the ground that they completed Higher Secondary Course after obtaining degree. Therefore, the petitioners filed the above Writ Petitions for the relief stated above.

(2.) THE learned counsel appearing for the petitioners submitted that this Court in the judgments rendered in W.P. No. 6870 of 2013 dated 25.3.2013, in the matter of S. Ashalatha Vs. The Director of School Education, Chennai, and the Teacher Recruitment Board, Chennai; W.P. No. 13742 of 2010 (batch case) dated 21.4.2014 in the matter of P. Saravanan and 5 others v. The Government of Tamil Nadu, rep. by the Secretary to Government, Chennai and another; : 2014 Writ L.R. 446 dated 6.11.2013, in the matter of J. Joseph Irudayaraj vs. Joint Director of School Education (Secondary), Chennai and others; and W.P. No. 8872 of 2013 dated 4.4.2013 in the matter of N. Senthil Kumar vs. The Member Secretary Teachers Recruitment Board, Chennai and others, held that a candidate cannot be disqualified on the ground of acquiring HSC (+2) qualification after obtaining a degree and in the judgment rendered in W.P. No. 13742 of 2010, this Court held that when a person joined B.A. Degree after getting through Entrance Examination, as per UGC regulations, he cannot be disqualified on the ground that he has not studied HSC (+2) and passed the same and therefore, the petitioners are to be considered for selection and the orders issued disqualifying them are liable to be set aside.

(3.) I am unable to accept the contention of the learned Government Advocate for the respondents. In the judgment rendered in W.P. No. 13742 of 2010 (batch case), the learned Judge of this Court considered the judgment of Annamalai University reported in ( : 2009 (4) SCC 590), the scope of G.O. Ms. No. 107 P & AR Department, dated 18.8.2009 and held that as per UGC Regulation when a person studies Under Graduate Course after writing Entrance Examination, such person is entitled to hold the degree and it is valid. As stated supra, the petitioner in W.P. No. 19447 of 2014 and 19810 of 2014 studied HSC (+2) but did not get through the examination and after writing entrance examination, they studied Under Graduate Course through distance education and that is permissible under Regulation 2 of the UGC Regulations 1985 framed under Section 26 of the UGC Act 1956.