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2016 Supreme(Mad) 3475

IN THE HIGH COURT OF MADRAS (MADURAI BENCH)
Nooty Ramamohana Rao and S.S. Sundar, JJ.
Thenmozhi – Appellant
Versus
The State of Tamil Nadu, Represented by its Secretary to Government, School Educational Department and Others – Respondents
W.A. (MD) No. 877 of 2016
Decided On : 16-06-2016

Advocates Appeared:
For the Appellant : Mr. M. Ramu.
For the Respondents: Mr. V.R. Shanmuganathan and Mr. S. Kadarkarai.

Headnote:Writ appeal - Service law - Post of Graduate Asst. (Chemistry) - Eligibility for selection -It has been held that the state has to decide the eligibility criteria for the recruitment of teachers-bachelor’s degree with one equivalent subject is considerable a suitable qualification for recruitment of teachers, enabling them to be eligible for appearing paper II examination, duty to prove clearly lies on state and what are those degrees that could be treated by them as equivalent qualification is clearly held by the teachers recruitment board

JUDGMENT :

Nooty Ramamohana Rao, J.

1. The writ petitioner is the appellant. She sought for a direction to the respondents 1 and 2, namely, the State Government of Tamil Nadu and the Chairman of Teachers Recruitment Board, to appoint the writ petitioner as Graduate Assistant (Chemistry) pursuant to the examination held regarding Teachers Eligibility Test, by taking note of the writ petitioner's qualifications, namely, B.Sc., Food Service Management and Dietetic and Chemistry as equivalent to B.Sc., Chemistry.

2. The State Government has taken out a Notification called 'Tamil Nadu Teacher Eligibility Test (TNTET) - 2012' on 07.03.2012, inviting the candidates for appearing at the Teachers Eligibility Test (in short 'TET'). In paragraph 3 of the Notification, the eligibility to write the test has been specified in the following words:

"3. Eligibility to write TET:

Candidates should possess the following prescribed qualifications to write the Teacher Eligibility Test:

Candidates who have passed Higher Secondary Course (10+2 Pattern) and Diploma in Teacher Education in a Recognised Teacher Training Institute/DIET and seeking appointment as Teacher for classes I to V (except Visually Impaired Candidates) can write Paper I.

Candidates who have passed a Bachelor's Degree (B.A./B.Sc.,/B.Litt.) with Tamil, English, Mathematics, Physics, Chemistry, Botany, Zoology, History and Geography or a Degree with any one of the equivalent subjects from a Recognised University under 10+2+3 Pattern and a Degree in Teacher Education (B.Ed.) from a Recognised University and seeking an appointment as Teacher for classes VI to VIII can write Paper II.

Candidates appearing for the Final Year Examination of D.T.Ed./B.Ed. during the current Academic Year are also eligible to appear for the Teacher Eligibility Test."

3. We are, now, concerned in the instant case with regard to the recruitment of those with degree qualifications. The eligibility test comprised of Paper-I and Paper-II. Those who preferred to teach Classes VI to VIII, will have to appear for Paper-II examination. The eligibility to appear for Paper-II discloses that those who possessed Bachelor Degrees, such as, B.A., B.Sc., B. Litt., with Tamil, English, Mathematics, Physics, Chemistry, Botany, Zoology, History and Geography are rendered eligible to appear for the said examination. However, those with a Degree with any one of the equivalent subjects from the recognised University under 10+2+3 pattern, are also rendered eligible for appearing for Paper-II. In the instant case, the writ petitioner/appellant has obtained her B.Sc., Degree, initially, from Avinashilingam Institute for Home Science and Higher Education for Women, Coimbatore, a Deemed University.

4. The claim of the writ petitioner is that though she has obtained a Bachelor's Degree in B.Sc., Food Service Management and Dietetic, but nonetheless Chemistry is one major subject which she has studied. Chemistry was shown as the second major subject which she has studied. The writ petitioner has passed the first major subject in her graduate course, namely, Food Service Management and Dietetic, with First Class - Distinction and her second major subject, Chemistry also with First Class - Distinction. She seems to be a very bright student, no doubt. But, unfortunately, the Teachers Recruitment Board has not considered her claim for appointment on the ground that she does not possess B.Sc., Chemistry Degree. Therefore, the question has boiled down as to whether the Degree of B.Sc., possessed by the writ petitioner can be treated as sufficient and equivalent to B.Sc., Degree in Chemistry.

5. What should be the eligibility qualification for recruitment of a Teacher, is undoubtedly a policy choice of the State. The State, to cater to it's needs, designs every recruitment process and also comes up with suitable qualifications for such recruitment process. Undoubtedly, the State has contemplated and provided for a 'Bachelors Degree' with any one of the








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