LAWS(MAD)-2018-1-749

TEACHERS RECRUITMENT BOARD Vs. J DHANALAKSHMI

Decided On January 18, 2018
Teachers Recruitment Board Appellant
V/S
J Dhanalakshmi Respondents

JUDGEMENT

(1.) The case of the respondent is that originally she obtained a degree in B.A. (History, Economics and Political Science). Subsequently, she obtained B.A. Degree in Telugu, in the year 2006. Possessing the abovesaid qualifications, she applied for appointment to the post of Post Graduate Assistant in Telugu, as per the Teachers Recruitment Board's Notification, made in May 2013 and secured 124 marks in the examination conducted by the Teachers Recruitment Board on 27.07.2013. The respondent's name was included in the list of candidates called for certificate verification, and accordingly she was called for certificate verification, on 23.10.2013. The respondent contends that the Verification Committee filed a report, stating that she is not eligible for appointment to the aforesaid post, as she has passed B.A. Telugu, after passing M.A. Telugu, viz., in a reverse order. Therefore, the respondent filed a writ petition before this Court in W.P.No.29425 of 2013 praying for issuance of a Writ of Mandamus directing the appellants herein to appoint her to the post of PG Assistant in Telugu, based on merits in the selection for direct recruitment of PG Assistant for Government Higher Secondary Schools, without reference to the order of obtaining the Under Graduate and Post Graduate Degrees in Telugu. Relying upon the order passed by this Court dated 25.03.2013 in W.P.No.6870 of 2013, wherein it has been held that getting degree in reverse order will not operate as a bar to the candidates for getting employment, the learned single Judge made it clear that the respondent cannot be denied her appointment on the ground that she got B.A. degree after completing M..A degree, viz., obtaining the degree in reverse order and allowed the writ petition.

(2.) Challenging the order passed in the writ petition, the present writ appeal has been filed by the Department.

(3.) The learned Additional Government Pleader appearing for the appellants has submitted that the relief sought for by the similarly placed persons like that of the respondent herein, has already been rejected by this Court in the order made in W.P.No.19631 of 2011 dated 14.08.2012. He further submitted that the order dated 25.02013 in W.P.No.6870 of 2013, which has been relied upon by the learned single Judge, is not relevant or applicable to the case of the respondent, as she did B.A. (Telugu) in one year in the reverse order. It is his further submission that the benefit of the ruling of this Court dated 25.02013 in W.P.No.6870 of 2013 goes to those who did undergraduate degree of three years duration in the reverse order. Stating so, he prayed for quashing the order passed in the writ petition.