B.SIVAKAMI Vs. TEACHERS RECRUITMENT BOARD

JUDGEMENT

(1.) This batch of writ petitioners are challenging the Tentative Provisional Selection List of Special Teacher [Teacher Education], since their candidature has been rejected for not possessing required qualification. However, according to the petitioners, they possessed the required qualification as mentioned in the notification No.05/2017, dated 26.07.2017 placed by the first respondent calling application for direct recruitment to the post of Special Teacher [Teacher Education].

(2.) According to the petitioners, they were short-listed for certificate verification based on their score in the written examination and Employment Exchange seniority. When they produced the certificates during the certificate verification held on 13.08.2018, it was pointed out by the panel that they did not have H.P.Ed. Certificate [Teachers Certificate of Higher Grade in Physical Education]. The petitioners have explained that H.P.Ed. Course was abolished in the year 2004 itself and the Government has re- designated the said course as Certificate Course in Physical Education [C.P.Ed.] and later the same was re-designated as Diploma in Physical Education, which is a two years course. After 2004, H.P.Ed. Course [one year course] was abolished and its equivalent course C.P.Ed. was introduced and thereafter in the year 2006, the course was re-designated as Diploma in Physical Education [2 years course]. Despite the said explanation, their candidature has been rejected as if they do not possess the required qualification.

(3.) The petitioners would contend that the notification placed by the first respondent prescribes seven technical qualifications and the applicant should possess the basic educational qualification which is SSLC/HSc and any one of the seven technical qualifications. C.P.Ed. Certificate and D.P.Ed. Certificate are equivalent to Government Teachers Certificate of Higher Grade in Physical Education which is one among the seven technical qualifications prescribed in the notification. Therefore, when the Government itself has abolished H.P.Ed. Course as early as 2004 and introduced the re-designated the certificate course in Physical Education and later substituted by Diploma in Physical Education with two years duration, the contention of the first respondent that C.P.Ed. Certificate or D.P.Ed. Certificate possessed by these petitioners cannot be construed as not equivalent certificate to H.P.Ed. is unsustainable.