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2008 Supreme(Mad) 1517
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
P.K. Misra and P. Murgesen, JJ.
Unemployed Secondary Grade Teachers Welfare Association, Society Reg. No. : 48 of 2007
Versus
State of Tamil Nadu, rep. by its Secretary, Department of School Education, Chennai and Another
W.A. (MD) Nos. 119 and 122 of 2008 and M.P. (MD) No. 1 of 2008 in respective W.As and M.P. Nos. 4 and 5 in W.A. No. 119 of 2008
Decided on: 14 May 2008
Issac Mohanlal, S. Xavier Rajini and Evn. Siva, G. Prabhu Rajadurai, for K. Srinivasan, for Appellant
N. Kannadasan, Additional Advocate General assisted by G. Sankaran, Government Advocate, for Respondents
N. Mariappan, Veera Kathiravan, for Intervener
The main legal point established in the judgment is that confining the selection of Secondary Grade Teachers to candidates sponsored by the Employment Exchange of a particular district violated fundamental rights under Articles 14, 16(2), and 19(1) of the Constitution.
Headnote:
Employment Exchange - Selection of Secondary Grade Teachers - Tamil Nadu State and Subordinate Service Rules, Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959, Articles 14, 16(2), 19(1) - The court held that confining the selection of Secondary Grade Teachers to candidates sponsored by the Employment Exchange of a particular district violated fundamental rights under Articles 14, 16(2), and 19(1) of the Constitution. The impugned Government Order (G.O. Ms. No. 447, dated 16.7.1996) was quashed, and a direction was issued to consider eligible candidates registered in other District Employment Exchanges. The court allowed the discretion of the State Government regarding the termination of already appointed persons but mandated that future vacancies be filled by inviting applications from all over the State.
Fact of the Case:
The case involved the selection and appointment of Secondary Grade Teachers in Tamil Nadu. The petitioners challenged the practice of confining the selection of teachers to candidates sponsored by the Employment Exchange of a particular district, alleging that it violated their fundamental rights under Articles 14, 16(2), and 19(1) of the Constitution.
Finding of the Court:
The court found that the practice of confining the selection of Secondary Grade Teachers to candidates sponsored by the Employment Exchange of a particular district violated fundamental rights under Articles 14, 16(2), and 19(1) of the Constitution. The impugned Government Order (G.O. Ms. No. 447, dated 16.7.1996) was quashed, and a direction was issued to consider eligible candidates registered in other District Employment Exchanges. The court allowed the discretion of the State Government regarding the termination of already appointed persons but mandated that future vacancies be filled by inviting applications from all over the State.
Issues: The main issue was whether the practice of confining the selection of Secondary Grade Teachers to candidates sponsored by the Employment Exchange of a particular district violated fundamental rights under Articles 14, 16(2), and 19(1) of the Constitution.
Ratio Decidendi: The court held that confining the selection of Secondary Grade Teachers to candidates sponsored by the Employment Exchange of a particular district violated fundamental rights under Articles 14, 16(2), and 19(1) of the Constitution. The impugned Government Order (G.O. Ms. No. 447, dated 16.7.1996) was quashed, and a direction was issued to consider eligible candidates registered in other District Employment Exchanges. The court allowed the discretion of the State Government regarding the termination of already appointed persons but mandated that future vacancies be filled by inviting applications from all over the State.
Final Decision: The writ appeals were allowed, subject to the court's observations. No costs were awarded. The connected miscellaneous petitions were closed.
P.K. MISRA, J.
1. These two appeals are directed against the common judgment of the learned single Judge dated 4.2.2008 in W.P. Nos. 10583 and 6377 of 2007 respectively.
2. W.P. No. 6377 of 2007 was filed for a declaration that the Government (Standing) Order No. 447 (Education of Science and Technology Department) dated 16.7.1996 in- so far as it restricts the selection and appointment of Secondary Grade Teachers by District wise seniority in the employment office as ultra vires and unconstitutional.
In W.P. No. 10583 of 2007, prayer was for issuing a writ of certiorarified mandamus for quashing G.O. Ms. No. 447 dated 16.7.1996 and the subsequent G.O. Ms. No. 241 (School Education Department) dated 22.9.2007 and quash the same so far as it prescribes Districtwise Recruitment of Secondary Grade teachers in the Government/Panchayat Union/Municipal Schools in the State and for a further direction to the respondents to make recruitment on statewide basis.
3. The brief facts are as follows:
From 1960 onwards, recruitment to the post of Secondary Grade Teachers in the Government Schools, Panchayat Union Schools and the Corporation Schools were being made at District level by calling for the names of the eligible candidates from the Employment Exchange and selection was made on the basis of interview. However, the Government changed the policy of selection in 1991 and holding of interview was dispensed with and the selection was being made on the basis of seniority in the roll of the respective District Employment Exchange. However, the Government issued G.O. Ms. No. 1251 Education dated 14.12.1992, whereunder the task of appointment to the post of Secondary Grade Teachers in the Government Schools, Panchayat Union Schools was entrusted to the Teachers Recruitment Board by holding selection test and interview. The selected candidates were appointed in various districts irrespective of their place of residence. Subsequently, however, the Government issued G.O. Ms. No. 447 dated 16.7.1996. The relevant provisions in such G.O. are as follows:
“Order: As per above read Govt. Orders, the Secondary Grade Teacher vacancies are filled under Elementary Education and School Education Department through Tamil Nadu Teacher’s Recruitment Board till date.
2. Now the Govt. on principle decided to appoint Secondary Grade Teachers through the concerned employment exchange considering the registration seniority instead of recruitment through Teachers Recruitment Board and the Director of Elementary Education send the proposal for consideration of the Government.
3. After the consideration the Govt. pass orders to appoint the required Secondary Grade Teachers necessary to the Elementary Education and School Education Departments under the following norms starting from this school year.
4) Secondary Grade Teachers are to be appointed on their employment registration seniority instead of existing procedure for it. The committee consisting of Chief Educational Officer as President and District Educational Officers/Elementary Education Officers as members shall conduct selections. Concerned appointing officers shall effect the appointments. List of vacancies shall be intimated by appointing officer to the committee.
5) As the list of persons seeking employment is pending since 1985, including the Backlog vacancies, from this year onwards appointments are to be effected following communal rotation.
6) Lady Teachers are to be appointed for 1st Std to 5th Std. If lady Teachers are not available, male Teachers not exceeding 10% shall be appointed.
4. The Secondary Grade Teachers Appointment procedure shall be applicable to the schools of Schedule Caste, Schedule Tribe Welfare Schools under Social Welfare, Backward class and Most Backward Classes Welfare, Local Bodies and Corporation.”
3.1. The aforesaid G.O. was always understood to mean that selection shall be made from among the candidates whose names had been registered in the Employment Exchange registe
