A. ANTONY PREMKUMAR Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE Petitioner has preferred the instant Writ of Certiorarified Mandamus calling for the entire records connected with the non -selection of the Petitioner treating him as 'BCA' Graduate by the Second Respondent published in its Website on 06.12.2012 and to quash the same. Further, he has sought for passing of an order by this Court in directing the Second Respondent to consider his candidature for appointment to the post of Graduate Teacher (BT Assistant), in the present recruitment 2011 -2012, as fully eligible as per the prescribed qualification of the Second Respondent/the Chairman, Teachers' Recruitment Board, 4th Floor, EVK Sampath Salai, DPI Campus, College Road, Chennai -600 006 [through its notification in Advertisement No.04/2012 dated 07.03.2012].

(2.) ACCORDING to the Petitioner, he hails from Christian Vanniyar community which is a Backward Class. He completed his Higher Secondary Course in December, 2001. He successfully completed his Bachelor of Science with Mathematics as major subject and Computer Applications as allied subject from Sree Ramu College of Arts and Science, Pollachi under the Bharathiar University, Coimbatore in April, 2005 with First Class. He was issued provisional and convocation Certificates as graduate/faculty in science. Later, he joined M.C.A. Course and completed the same during the year 2008.

(3.) IN accordance with the provisions of Section 23(1) of the Right to Education Act, 2003, by a notification dated 23.08.2010, the National Council of Teacher Education (in short "NCTE") had laid down the minimum qualifications for a person to be eligible for appointment as a teacher classes I to VIII. It was inter alia mentioned that one of the essential qualifications for a person to be eligible for appointment as a teacher in any of the schools referred to in clause (n) of Section 2 of the above said Act is that he/she should pass the Teacher Eligibility Test which will be conducted by the appropriate Government in accordance with the guidelines framed by the NCTE.