K INDIRANI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) ALL these writ petitions are filed challenging the notification dated 26. 07. 2006 issued by the third respondent namely the Teacher Recruitment Board, Channai, in respect of Clause 8 and 10 of the said impugned notification requiring the candidates to undergo written examination for making appointment to the post of teachers at school level and also for a consequential direction against the respondents to dispense with the method of holding written examination for filling up of vacancies for the post of teachers at school level in future.

(2.) THE petitioners have acquired Post Graduate degree in various subjects like Botany, Zoology, etc. , and they have registered with the Employment Exchange. In respect of the petitioner in W. P. No. 25227 of 2006, the registration was on 30. 07. 1985, the petitioner in W. P. No. 30741 of 2006, the registration was on 03. 05. 1991 and the petitioner in W. P. No. 31380 of 2006, the registration was on 15. 06. 1983 and which has been periodically renewed till date. Apart from the said Post Graduate degree, the petitioners have obtained B. Ed. , degree and also M. Ed. , in respect of the petitioner in W. P. No. 25227 of 2006 and W. P. No. 31380 of 2006 and they are all qualified for appointment as Post Graduate Assistants at school level and they have worked in some of the private educational institutions on a consolidated pay.

(3.) ACCORDING to the petitioners, whenever vacancies for the post of teachers in schools as well as the Lecturers in colleges arose the usual method was that the said vacancies were filled up among the candidates who have registered their names in the Professional and Executive Employment Exchange Office, based on which call letters will be issued on the seniority basis in employment registration and it was the legitimate expectation that the petitioners would get appointment on seniority basis through the Employment Exchange Office. The petitioners have also informed about their higher qualifications of M. Phil, M. Ed. , etc. to the Employment Exchange. The normal method is that the Employment Exchange used to send candidates on the basis of seniority in the registration in the Employment Exchange at the rate of 1:3 ratio to the appointing authorities. It was from 2001, the Government has introduced a method of appointment of teachers through Teachers Recruitment Board by making necessary notifications. The appointment by the Teachers Recruitment Board was by way of written examination followed by interview. Even though the petitioners have earlier applied consequent to the Teachers Recruitment notification, they could not compete with the fresh candidates since the written examination procedure favours only fresh candidates and therefore the candidates like the petitioners were deprived of their right of appointment in Government, Government aided schools and also Government Colleges. It is also stated that in respect of the appointment of Lecturers in the college level, the written examination has been dispensed with. While the recruitment of teachers are made in respect of colleges and schools only by the third respondent, regarding the Lecturers in colleges the method choosen is by interview while for appointment of teachers in school level the written examination has been prescribed.