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2014 Supreme(Mad) 222
High Court of Judicature at Madras
M. VENUGOPAL, J.
A. Evanjalin Mary
Versus
The Government of Tamil Nadu, Rep. by its Secretary, (Education Department) & Another
W.P. No. 33995 of 2012 & M.P. No. 2 of 2012
Decided On: 31-01-2014
For the Petitioner:M/s. S. Krishnasamy, Advocate.
For the Respondents: V. Subbiah, Special Government Pleader.
The judgment established the principle that an accrued and acquired right cannot be taken away with retrospective effect, and emphasized the importance of protecting vested rights.
Headnote:
Certiorarified Mandamus - Teacher's Appointment - G.O.(Ms) No.270, Higher Education (K2) Department, dated 31.12.2013 - W.P.(MD).Nos.W.P.(MD)Nos.16181, 16051, 16052, 15660 & 16780 of 2012 and 18793 of 2013 - The court held that the Petitioner's B.A. English Literature Degree with Specialisation in Communicative English is equivalent to B.A. English Literature Degree and directed the Second Respondent to consider her for the appointment to the post of Graduate Assistant (English) in a fair and just manner.
Fact of the Case:
The Petitioner sought appointment as a Graduate Teacher (BT Assistant) in Tamil Nadu Government Schools. She was not selected due to a discrepancy in her B.A. English Literature Degree with Specialisation in Communicative English. She argued that her degree should be considered equivalent to a regular B.A. English Literature Degree.
Finding of the Court:
The court found that the Petitioner's degree was equivalent to a regular B.A. English Literature Degree as per G.O.(Ms) No.270, and the order of the Full Bench of the Court. The Second Respondent was directed to consider her for the appointment and provide a reasoned speaking order on merits within eight weeks.
Issues: Discrepancy in the Petitioner's degree, non-selection for the teaching position, and the equivalence of her degree to a regular B.A. English Literature Degree.
Ratio Decidendi: The court relied on G.O.(Ms) No.270 and the order of the Full Bench of the Court to establish the equivalence of the Petitioner's degree. It emphasized the protection of vested rights and the principle that an accrued and acquired right cannot be taken away with retrospective effect.
Final Decision: The Writ Petition was disposed of with directions for the Second Respondent to consider the Petitioner for the teaching appointment and provide a reasoned speaking order on merits within eight weeks.
1. The Petitioner has preferred the instant Writ of Certiorarified Mandamus calling for the records from the Second Respondent relating to her non-selection bearing Roll.No.12 TE 32275002 and to quash the same. Further, she has sought for passing of an order by this Court in directing the Second Respondent to appoint her as Graduate Teacher (BT Assistant) in any of the Tamil Nadu Government Schools for appointing her as a Graduate Teacher.
2. According to the Petitioner, she did her School Education on St. Joseph Girls Higher Secondary School at Dindugul and passed +2 examination in the month of March, 2000. She obtained 758 marks in her + 2 Examination. She studied B.A. English Literature in the academic year 2004-2007 in Holy Cross College, Tiruchirappalli. She passed the said Degree in First Class with 'A' Grade.
3. She studied Bachelor of Education during 2007-2008 at Peace College of Education at Dindugul. She passed theory and practical with First Class. She also studied Master of Arts Degree in English (Literature) at Madurai Kamaraj Evening College, Dindugul in 2009-2011 and she scored Second Rank in her M.A. English (Literature). She also studied Master of Education Degree at Gandhigram Rural University during 2008-2009 and she scored First Class in the M.Ed., Course.
4. She is fully qualified to write the Teachers Eligibility Test and the Second Respondent conducted a supplementary TET Examinations on 14.10.2012. She attended the said examinations. Her Roll Number is 12 TE 32275002. She scored 103 marks out of 150 marks, which made her to qualify for the Graduate Teachers Post. Appointments were given for those candidates who passed the qualification test subject to the verification of their certificates as per the other Government guidelines and communal roaster. She was directed to attend the certificate verification on 06.11.2012 in St. Marys Higher Secondary school, Dindugal. She attended Certificate verification on 06.11.2012 along with required certificates. The results were published in the internet and she was learnt that she was not selected. Indeed, in the remarks column, it was stated as 'communicative English'.
5. It comes to be known that in the publication of results relating to the Tamil Nadu Teachers Eligibility Test - Supplementary 2012 [Graduate Assistants] Department of School Education, Teachers Recruitment Board, College Road, Chennai-600 006, as against the Petitioner's Roll No.12 TE 32275002, under remarks column, it was mentioned as 'Communicative English'. It is the case of the Petitioner that she approached the Second Respondent/Teachers Recruitment Board, Chennai and explained that her B.A. English Literature is a regular English Literature Degree, together with an additional subject of Communicative English, which was not accepted by the Second Respondent and in fact, she was required to obtain a certificate from the Tamil Nadu Public Service Commission stating that her B.A. English Literature Degree is equivalent to the regular B.A. English Literature Degree. She made a representation to the First Respondent to direct the Tamil Nadu Public Service Commission to issue such equivalent certificate. However, it appears that the Tamil Nadu Public Service Commission has not responded so far.
6. At this stage, the Learned Counsel for the Petitioner brings to the notice of this Court to the G.O.(Ms) No.270, Higher Education (K2) Department, dated 31.12.2013 in Item No.5, it is stated as under:
Sl.No.
Name of the Course
Equivalent/Not Equivalent
5)
Public Services Educational Qualification Consideration of B.A., English with Speciliazation in Communicative English awarded by Bharathidasan University as Equivalent to B.A. English for the purpose of Employment in Public Services.
Equivalent
7. From the aforesaid G.O., it is latently and patently clear that B.A. English Degree with Specialisation in Communicative English awarded by the Bharathidasan University is considered as equivalent to B.A. Engli
