S DEVI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) HEARD both sides.

(2.) THE petitioner seeks to challenge the order of the 3rd respondent dated 27.2.1999 wherein by which the third respondent refused to evaluate the Karnataka Teacher Training Certificate produced by the petitioner on par with the educational qualification prescribed by the State Government. THE writ petition was admitted on 7.7.1999. This court in the same day, directed one post of Secondary Grade Teacher to be kept vacant until further orders. Subsequently, the said direction came to be made absolute on 13.10.1999. On behalf of the second respondent, a counter affidavit dated 6.9.1999 had been filed.

(3.) IN the counter affidavit, the second respondent had stated the petitioner's certificate can be evaluated only if she had secured 50% of the mark in the qualifying examination and since she had not secured 50% of the marks in the Higher Secondary examination, her certificate cannot be evaluated. For this purpose, reliance was placed upon the Government Order in G.O.Ms.No,772 Education, dated 25.5.1987, the Government letter dated 8.5.1987 as well as the proceedings of the Director of School Education dated 27.5.1987.. Even in the subsequent Government order dated 22.12.1987, the candidates who had passed Teacher Training certificate after studying 10th standard will be considered for evaluation only up to the year 1987-1988 subsequently, from the year 1987-88 onwards the candidates must possess H.Sc., school leaving certificate and since the petitioner in the Higher Secondary Examination during March 1982 and had secured only 588/1200 and as it is less than 50%, her certificate cannot be evaluated .