C SALETH MARY Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE writ petitions are filed by the petitioners challenging the G.O. passed by the first respondent in G.O.Ms.No.1236 Education dated 17.09.1984, in so far, it imposes 50% marks in Plus 2 examination and also to direct the respondents to evaluate the certificates of the petitioners. THE petitioners were appointed as Secondary Grade Teachers in the 4th respondent schools on 15.11.1999 and 20.10.1999 respectively in the permanent vacancy. When the service registers of the petitioners were forwarded to the respondents for approval of their appointments, the same was not considered on the sole ground that the petitioners have not obtained 50% marks in Plus 2 examination and therefore, the Teacher Training Certificate issued by the Government of Karnataka cannot be evaluated.

(2.) ACCORDING to the petitioners, they have passed the Plus 2 examination, admittedly, obtaining marks less than 50%. Thereafter, they underwent Teacher Training Course conducted by Karnataka State and passed in first class. Their appointments in the fourth respondent was not only to the sanctioned strength but also after their names were forwarded and sponsored by the Employment Exchange as per law. Since the petitioners have secured less than 50% of marks in Plus 2 examination, the Teacher Training certificates obtained by them in Karnataka State are not evaluated by the second respondent on basis of G.O.Ms.1236 Education dated 17.09.1984. The said G.O., which contemplates the securing of 50% of marks in S.S.L.C. to evaluate the Karnataka State's Teacher Training certificate, is question on various grounds including that the same is arbitrary and passed without jurisdiction.

(3.) IN view of the same, insisting of 50% mark even in the Teacher Training course is unlawful and without jurisdiction. The petitioners also would submit that the refusal of evaluating the papers of the petitioners on this ground is violative of Article 14 of the Constitution of INdia. The petitioners also would state that this Court in the judgment dated 23.12.1998 passed in W.P.No.7759, 11097, 1600 & 13416 of 1997 relying upon the Division Bench judgment in W.A.No.966 of 1992 and 1019 of 1992 allowed the writ petitions therein and directed the authority to evaluate the Teacher Training certificate issued by the Karnataka Secondary Grade Education Board on par with teachers of the Tamil Nadu and regularize their services and the petitioners on the basis of the same are also entitled. The petitioners are working under the fourth respondent school, ever since the date of their appointment as stated above.