IN THE HIGH COURT OF JUDICATURE AT MADRAS
R. SURESH KUMAR, J.
P. Geetha Lakshmi – Petitioner
Versus
Government of Tamil Nadu Teachers Recruitment Board – Respondent
Writ Petition No. 38213 of 2005
Decided On : 04-03-2021
Constitution of India,1950 - Writ of Certiorari to call for records relating to the impugned Memo - Pandit's training examination - Written examination was conducted - Whether the process of equivalence of said qualification acquired by petitioner compared to the B. - whether that would be equivalent to B.Ed degree in Telugu language to be conferred by Universities or not, has not been concluded - Whether said qualification of Pandit's training examination - petitioner had registered her name in the Professional and Executive Employment Office first respondent issued an advertisement calling for applications for direct recruitment of P.G. Assistant in Government Higher Secondary Schools in Tamil Nadu Higher Secondary Educational Service - Advertisement also included one post of PG Assistant in Telugu language Qualification prescribed for said post of PG Assistant (Telugu) is Post Graduate degree in the relevant subject with B.Ed degree and the candidates must have studied the same subject in bachelor's degree and master's degree both for academic subjects and languages - Petitioner also applied for the selection and a written examination was conducted by the first respondent Board on 11.11.2001. She passed out the said written examination and thereafter the petitioner was called for interview – Held, Selection was made in the year 2013 – Court are in the year 2018. If the contention of the petitioners is accepted, then the second respondent will have to write the examination once again in year 2018 - Mistakes committed by the petitioners, second respondent will be affected by not getting promotion for five years - Petitioner was appointed in 2002 and till date she has been continuously working and absolutely there is no complaint against the petitioner with regard to her method of teaching and her teaching caliber if qualification of Pandit's training examination in Telugu language obtained from Andhra Pradesh Government is not equivalent qualification of B.Ed degree at the time of entry into service, the same should have been decided by a Equivalence Committee or by a Committee of Academicians, since that attempt has not been so far done, this Court is of the view that, the said qualification might be equal and if at all the said qualification is not equal - Court is of the considered view impugned order cannot be sustained and the same is liable to be quashed. Accordingly, it is quashed - Whatever the service benefits to be conferred on the petitioner - Writ petition is allowed
ORDER :
1. The prayer sought for herein is for a Writ of Certiorari to call for the records relating to the impugned Memo No. 1848/Aa/1/05 dated 13.10.2005 issued by the 1st respondent herein to quash the same.
2. The petitioner is a Post Graduate Degree holder in Telugu language. She passed B.A. (Telugu) degree course in the year 1991 and M.A. (Telugu) degree course in the year 1993 from Sri. Venkateswara University, Tirupati. Thereafter, she passed the Pandit's training examination in Telugu language conducted by the Andhra Pradesh Education Department in February 1994.
3. With the aforesaid qualification, the petitioner had registered her name in the Professional and Executive Employment Office at Chennai in the year 1998. Thereafter, the first respondent issued an advertisement calling for applications for direct recruitment of P.G. Assistant in Government Higher Secondary Schools in Tamil Nadu Higher Secondary Educational Service. This advertisement also included one post of PG Assistant in Telugu language. The qualification prescribed for the said post of PG Assistant (Telugu) is Post Graduate degree in the relevant subject with B.Ed degree and the candidates must have studied the same subject in bachelor's degree and master's degree both for academic subjects and languages.
4. Accordingly, the petitioner also applied for the selection and a written examination was conducted by the first respondent Board on 11.11.2001. She passed out the said written examination and thereafter the petitioner was called for interview on 28.12.2001 by the first respondent, where the petitioner was directed to produce all relevant certificates with regard to the educational qualifications, which the petitioner produced, by attending the interview.
5. Thereafter, the petitioner was selected for the post of P.G. Assistant (Telugu) by proceedings of the second respondent dated 27.02.2002, she was appointed to the post of P.G. Assistant (Telugu) and was directed to join in the Government Higher Secondary School, Kelamangalam, Dharmapuri District. Accordingly, the petitioner joined in the said service on 03.06.2002 and she completed the probation for two years and thereafter the permanent absorption proposal was sent by the Headmaster concerned in the year 2005. Thereafter, the petitioner was transferred to Government Girls Higher Secondary School, Hosur on 18.07.2005, where, at the time of filing this writ petition, the petitioner was working and has been continuously working till date. While so, on 13.10.2005, the first respondent issued a show cause notice, wherein it has been stated that, for appointment to the post of P.G. Assistant (Telugu), apart from the Post Graduate degree qualification, one must have a B.Ed degree also. However, the petitioner had acquired the Pandit's training examination and that may not be equivalent to B.Ed degree. Therefore, based on such qualification, since the petitioner was selected and appointed to the post, the said show cause notice was issued as to why the selection and appointment made in favour of the petitioner should not be cancelled and in this regard, a show cause was sought from the petitioner by the said communication of the first respondent dated 13.10.2005. Aggrieved over the same and challenging the said communication, the petitioner has filed this writ petition with the aforesaid prayer.
6. Heard Ms. Chamki Raj, learned counsel for the petitioner, who would submit that, the petitioner was having the qualification of Undergraduate and Postgraduate degree in Telugu, which was one the essential qualification to be considered for selection to the post of P.G. Assistant (Telugu), and she also possessed the certificate in Pandit's training examination in Telugu, which is equivalent to B.Ed degree. Therefore, considering the said qualification alone, the first respondent, being the centralized recruiting agency of teachers at various levels in the Government schools in the State of Tamil Nadu, has selected
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