F X MAHIMAINATHAN Vs. DIRECTOR OF ELEMENTARY EDUCATION

JUDGEMENT

(1.) The present writ petition is filed for a Writ of Declaration, declaring that the Petitioners were selected for the Post of Secondary Grade Teachers on 26.02.2008 subject to verification of the genuineness of migration prior to National Council for Teacher Education Regulation dated 23.08.2010 and consequently to direct the 1st respondent to give the benefit of clause 5 of the National Council for Teacher Education Regulation dated 23.08.2010 to the Petitioners and appoint the Petitioners as Secondary Grade Teacher in the existing vacancies in the Panchayat Union Schools / Municipality Schools / Elementary Schools in Karur District.

(2.) The learned Senior Counsel appearing on behalf of the writ petitioners made a submission that the petitioners have passed +2 and thereafter, obtained Diploma in Teacher Education. As per the rules and regulations in force during the year 2002-2004, the petitioners were eligible to be appointed as Secondary Grade Teacher in Panchayat Union Schools / Municipality Schools / Elementary Schools. The 2nd respondent by proceedings dated 15.11.2007, directed the Karur Employment Exchange to sponsor the list of eligible candidates for filling up of the vacancies in the post of Secondary Grade Teachers in Panchayat Union and Municipality School in Karur. Pursuant to the above proceedings issued by the 2nd respondent, the names of the Petitioners were sponsored by the Karur Employment Exchange. Accordingly, the Petitioners participated in the process of Certificate Verification on 26.02008 for appointment to the post of Secondary Grade Teacher. The petitioners attended the Certificate Verification and was successful. When the petitioners were expecting the orders of appointment, it was informed to them that they are migrated from other Districts to Karur District. Thus, verification of the migration certificates are required before issuing the order of appointments.

(3.) The learned Senior Counsel contended that in view of the fact that the appointment of the petitioners were withheld on account of the verification of the migration certificates, they cannot be insisted for passing of the Teacher Eligibility Test (TET), in view of the exemption granted by the National Council for Teachers Education(NCTE) in regulation dated 208.2010. As per the said regulation issued by the National Council for Teachers Education(NCTE) in respect of the selection process commenced prior to the issuance of the said Notification, the authorities cannot insist for passing of Teacher Eligibility Test(TET) for appointment. Thus, the writ petitioners are also entitled for grant of exemption in view of the regulations issued by the National Council for Teachers Education(NCTE).