Appointment cannot be denied without any valid ground.

By consent of both the parties, the writ petition itself is taken up for disposal.

2. The prayer in the writ petition is to issue a writ of mandamus directing the respondents to consider, select and appoint the petitioner on merits as Junior Graduate Assistant (English) bearing Roll No.B02270014 by considering her representation dated 21.4.2005.

3. The brief facts, necessary for the disposal of the writ petition as stated in the affidavit are that the petitioner passed SSLC and directly passed B.A. (English) in October, 1994 through Open University stream of Madras University, and B,Ed degree also through Open Univer­sity stream from Annamalai University in May, 1996. The petitioner also passed M.A.(English) through Madras University through correspondence course in October, 2000. The petitioner was working as Secondary Grade Teacher from 1990 to 1996 in Dr. V.G.N. Matriculation School, Cheyyar as a B.T. Assistant. The third respondent called for applications to fill up 7655 posts of Junior Graduate Assistant for various Subjects. Insofar as the English subject is concerned, there are 1791 posts. The qualification prescribed is B.A. with B.Ed., in the concerned subject. The petitioner applied for the said post on 10.9.2004 and the second respondent con­ ducted entrance examination on 28.11.2004 and the petitioner appeared for the examina­tion with the above Roll number. The results were published through internet and the peti­tioner was given 737th rank out of 1607 per­ sons who got through entrance examination. It was informed that the petitioner was selected in Women general category. In the women general category also, there are more than 48 candidates who got lower marks than the peti­tioner. The petitioner was directed to appear for certificate verification before the third re­spondent Board on 30.3.2005 and the petitioner appeared and produced the certificates. The selection list was published on 19.4.2005 through internet and the petitioner's name was not found in the list. The grievance of the petitioner is that inspite of the fact that she secured 737th rank out of 1607 candidates who got through, she was not selected. The reason obviously was that the petitioner obtained B.A. and B.Ed., degree through Open University stream and therefore the petitioner filed the above writ petition in which the respondents have filed a counter affidavit. Para.8 of the counter affidavit reads as follows:

"I respectfully submit that the writ petitioner with Roll No.B02270014 for Junior Graduate Teacher post in the subject (English) was called for Certificate Verification based on her marks in the Written Examination in the category General (Woman). At the time of Certificate Verification, all her original documents were scrutinised and it was found that she has done direct B.A. in English through Open University after passing SSLC and she does not possess +2 qualifications. Hence she could not be considered for selection."

4. Learned counsel for the petitioner submitted that G.O.Ms.No.216, P & A.R. Department dated 26.8.1997 permits Open University stream degree holders to get appointment as it is declared as an eligible qualification for appointment. Learned counsel also cited a Government Order issued in G.O.Ms.No.307, School Education dated 15.12.2000 wherein the Government ordered to give incentive increments to teachers who possess higher qualifications through Open University stream and therefore the learned counsel submitted that the petitioner cannot be denied selection and appointment on the ground that the petitioner studied B.A. (English) and B.Ed., through Open University stream of Madras University, and Annamalai University reflectively.

5. I have considered the submissions made by the learned counsel for the respondent.

6. As rightly contended by the learned counsel for the petitioner, the petitioner has obtained 737th rank out of 1607 candidates who got through the examination. The number of posts allotted for Engl