The validity of the TET certificate, eligibility for selection, and subsequent changes in the selection process influenced the court's decision.

JUDGMENT :

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records of the 3rd respondent in relation to non-selection of petitioner as Secondary Grade Teachers for the year 2012 in relation tot the proceedings No. Nil dated Nil and quash the same and issue a consequential direction to the respondents to select and appoint the petitioner as Secondary Grade Teacher as against the estimated vacancies for 2012 and for selection for the year 2012 with all consequential benefits.)

1. The non-selection of the writ petitioner for appointment to the post of Secondary Grade Teacher for the year 2012 is under challenge in the present writ petition. Further, direction is sought for to select and appoint the petitioner to the post of Secondary Grade Teacher.

2. The writ petitioner states that she passed 10th standard in March 1996 and then Higher Secondary School Examination in March 1998. She underwent two years Diploma course in Teacher Education for a period from 2009-2011 and completed the said course in June 2012. She was awarded a Diploma in Elementary Education by the Government of Tamil Nadu. The said Diploma is equivalent to the Secondary Grade Teacher Certificate qualification as per Tamil Nadu Elementary Education Subordinate Service Rules. The certificate of Diploma was issued on 31.12.2012. She has registered her qualification in the Employment Exchange.

3. As per the notification issued by the National Council for Teacher Education (NCTE), the Teachers Eligibility Test (TET) is mandatory for appointment to the post of Secondary Grade Teacher and as well as B.T.Assistant, apart from the academic qualifications. Pursuant to the notification, the Government of Tamil Nadu has issued G.O.(Ms).No.181 dated 15.11.2011, prescribing guidelines for conduct of examination. The petitioner participated in the examination in June 2012. In the result, for the said examination, very less number of candidates secured the pass percentage i.e., 60%, which is lower than the number of vacancies notified during the relevant point of time. Thus, the petitioner and other candidates were allowed to appear in the Supplementary Examination. The petitioner wrote the Supplementary Examination on 14.10.2012 and secured 92 marks out of 150, which is 60% and a pass percentage. The Teachers Recruitment Board by memo dated 03.11.2012, called the writ petitioner for certificate verification held on 09.11.2012. The petitioner appeared for certificate verification on 09.11.2012. However, the petitioner was not selected and the reason given for non-selection is that “the Diploma in Teachers Education is not completed”. In fact, the petitioner completed the Diploma in Teachers Education in June 2012 and there was a delay in issuing the certificate by the Institution. The certificate was issued on 31.12.2012 and the petitioner was not provided with an opportunity to submit her certificate issued by the Institution.

4. The learned counsel appearing on behalf of the petitioner mainly contended that the petitioner became successful in the Supplementary Examination conducted in October 2012. She secured 92 marks and participated in the certificate verification. Though the petitioner completed the course of Teachers Education, the certificate was issued only on 31.12.2012 and therefore, there was a delay in submitting the certificate. However, there was a development in the matter of process of selection. In view of the fact, that less number of candidates passed in the eligibility test, the Government issued G.O.(Ms).No.71, School Education Department dated 30.05.2014, granting relaxation of 5% of marks in the Tamil Nadu Teachers Eligibility Test (TNTET). In view of the said relaxation granted by the Government of Tamil Nadu, many number of candidates were inserted in the selection list and therefore, the petitioner lost her opportunity. That apart, the 2013 vacancies were also cl