A.MEENAKSHI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Mrs.A.Meenakshi, who was appointed as B.T. Assistant 10 years ago after passing the Teachers Recruitment Board Examination held by the State Government has come to this Court challenging the impugned order passed by the District Educational Officer, Salem, the 6th respondent herein in dated 26.10.2016 and yet another order passed by the 3rd respondent herein, namely, the Joint Director of School Education (Personnel) in dated 09.02.2017, quash the same and to pass appropriate orders.

(2.) Learned Counsel appearing for the petitioner submitted that the petitioner belongs to Scheduled Caste (Adi Dravidar) Community and her father was initially employed in Syndicate Bank, Sindanoor Branch, Karnataka State. Therefore, the petitioner had her schooling in Karnataka State. Followed by the S.S.L.C., she also did her Pre- University College Course in Karnataka. Thereafter, her father was transferred to Syndicate Bank, Dharmapuri Branch, Dharmapuri District, Tamil Nadu State. Hence, she underwent her Under Graduate and Post Graduate Courses in Tamilnadu, namely, B.Sc. (Maths) in Government Arts College, Dharmapuri in the year 1997-1999. At the time admission to the B.Sc. Course during 1997, an equivalent certificate certifying that the Pre-University Course in Karanataka State is equivalent to the Higher Secondary Course in Tamil Nadu State was issued by the University of Madras. On the basis of the Equivalence Certificate issued by the University of Madras, the petitioner got admission to the said course and her admission was also approved by the University. Thereafter, she also has completed the B.Sc. (Maths) Course in the year 1999 and again she did her B.Ed. Degree Course in Periyar University, Salem in the year 2004 and successfully completed the same in the year 2005 and thereafter, she did her M.Sc. (Maths) in Annamalai University through two years Correspondence Course and completed the same in December 2008. Later on, she did her M.Phil (Maths) in Vinayaga Mission University, Salem through Distance Education and completed the same in December, 2009. With these qualifications, the petitioner also registered her name in the Employment Exchange at Krishnagiri with Registration No.686/2006 dated 23.3.2010. After completing her B.Ed., she registered the same as well in the Employment Exchange.

(3.) The learned Counsel for the petitioner further submitted that in the meanwhile, the Teachers Recruitment Board, vide its Advertisement dated 22.08.2005 called for applications from eligible candidates for appointment to the posts of Junior Grade B.Ed. Teachers (Junior Graduate Assistants) under Department of School Education. The petitioner having qualified, also applied for the same. Finally, she has written the examination conducted by the Teachers Recruitment Board on 06.11.2005 and the results were published later and she secured 76 marks out of 150. Only then, the 4 th respondent, the Teachers Recruitment Board vide its communication in 1829/A2/2005 dated 'Nil' called the petitioner for certificate verification on 08.12.2005 at Teachers Recruitment Board, DPI Campus, Chennai. During the Certificate Verification, the petitioner produced all the certificates, namely, SSLC Book/Mark Sheet, Higher Secondary Course/PUC Mark Sheet, UG Certificate, B.Ed. Certificate, Community Certificate, Employment Registration Card, Conduct Certificate, Counter signed teaching experience Certificate, PHO/PHB Certificate, Hall Ticket, Letter for Certificate Verification, Bio-Data and Identity Certificate. The 4th respondent satisfied with the qualification secured by the petitioner also considering the fact that the petitioner has passed SSLC only from the State of Karnataka and also PUC Mark List issued by the Karnataka Educational Authorities, she was issued with an Appointment Order appointing her as Junior Grade B.T. Assistant (Junior Graduate Assistant) in Maths on consolidated pay at Government Boys Higher Secondary School, Attayampatti, Salem District as per the proceedings of the 3rd respondent Joint Director of School Education (Personnel) dated 22.02.2006. Thereafter, the Chief Educational Officer, District Collectorate Campus, Salem, the 5th respondent herein vide his Proceedings in Na.Ka.No.1281/A3/2006 dated 27.02.2006 permitted the petitioner to join duty. Accordingly, she joined duty on 01.03.2006 in the said post.