S N PANNIER SELVAM Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) THE petitioner appeared in person. THE petitioner was working as Weaving Instructor in the Corporation Boys Higher Secondary School, North Coimbatore. He filed Original Application No,5763 of 1997 before the Tamil Nadu Administrative Tribunal, Chennai, seeking for a direction that he should be given preference to be appointed as a Post-Graduate Teacher in English.

(2.) THE Tribunal ordered notice to the respondents and on notice from the Tribunal, the then Commissioner-in-charge of the Coimbatore Corporation, filed a reply affidavit, dated 9.9.1997, on behalf of respondents 2 and 3. On behalf of the first respondent-State, the said reply affidavit dated 9.9.1997 of respondents 2 and 3, was adopted, by filing adoption affidavit, dated 2.3.1998.

(3.) IN respect of the Tamil Nadu Higher Secondary Educational Service, the Government has framed Special Rules by G.O.Ms.No,720, Education Department, dated 28.4.1981. By virtue of the Special Rules, the Post-Graduate Teachers who are to teach the academic subjects, can be recruited either by direct recruitment or by recruitment by transfer from Tamil Nadu Educational Subordinate Service and if no qualified or suitable candidates are available for appointment by the aforesaid methods, the recruitment can be made by transfer from any other service. The vacancies arising in Class-I of the service shall be filled up so as to ensure that the proportion of the appointment in the service in the said class by recruitment by transfer and by promotion shall be 50:50. Rule 2(c) of the Special Rules clearly states that promotion to Class-I in the service shall be made on the grounds of merit and ability, seniority being considered only where merit and ability are approximately equal.