P MARAGATHAM Vs. DISTRICT ADHI DRAVIDAR WELFARE OFFICER

JUDGEMENT

(1.) THE writ petition is filed for issuance of Writ of certiorari to call records relating to the proceedings of the 1st respondent dated 26. 06. 2002 and made in Na. Ka. W2/27942/2002 and quash the same.

(2.) THE brief facts of the writ petition is as follows: THE writ petitioner belongs to Schedule Caste community and she was appointed as Watchwomen and Servant maid in the year 1992 at Sinkanapunari , Sivagangai District. During her service as Watch women, she acquired M. A. History through open university from Annamalai Universit y and B. Ed. , degree through correspondence from Bharathidasan University during the year 1997 and 2000 respectively.

(3.) I have considered the rival submissions made by both the counsel for the petitioner and respondents. There is no dispute that the petitioner is working as watchmen and the service Rule G. O. Ms. No. 405 Homes Department dated 02. 02. 1996 empowers the recruitment of secondary grade teacher by transfer form any other service. Hence recruitment by transfer given to the petitioner is only as per the service rules and the petitioner need not get any ratification for appointing the petitioner as Secondary Grade Teacher from the director. Further the Government had already issued G. O. Ms. No. 219 dated 26. 08. 1997 treating the open university decrees as valid degrees for the purpose of appointment and the higher qualifications persons of SC/st can be appointed as Secondary Grade teacher, even though they are not having diploma in teacher training. The same is made clear in G. O. Ms. No. 63 dated 03. 10. 1997. In view of the said Government Orders the Department rightly given appointment to the petitioner as secondary grade teacher. Therefore I am of the firm view that the reversion order passed by the 1st respondent dated 26. 06. 2002 is unsustainable and the said order is liable to be set aside and accordingly the impugned order in the W. P. is set aside and the W.P. is dismissed.