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IN THE HIGH COURT OF JUDICATURE AT MADRAS
R. Suresh Kumar, K. Kumaresh Babu, JJ.
P.V. Sumina - Appellant
Vs.
Union of India, Rep.by Secretary to Government (Education) Puducherry & Another - Respondent
W.P. Nos. 6867, 6923, 6945, 6973, 7431, 6457, 6908 & 6556 of 2024 & W.M.P. Nos. 7284, 7746, 7775, 8319, 7743, 7779, 8320, 7201, 7665, 7663, 7664, 7703, 7701, 7702, 7777, 7719, 7720 & 7721, 7742, 7285, 7283, 7176, 7178 & 7179 of 2024
Decided On : 20-03-2024
AGE RELAXATION - PRIMARY SCHOOL TEACHER RECRUITMENT - G.O.Ms.No.28, Rule 6 of the RR - The court discussed the issue of age relaxation for candidates who had participated in the 2015 recruitment process and the weightage for employment exchange seniority in the selection process. The court found that the direction given by the Tribunal for age relaxation was justifiable, but the classification made by the Tribunal for such relaxation was not. The court also held that the weightage for employment exchange seniority should be calculated from the date of registration of the essential qualification, Diploma in Teacher Education, and not based on the TET qualification registration.
Fact of the Case:
The case involved challenges to a notification for the recruitment of Primary School Teachers in the Union Territory of Puducherry. Prospective applicants who had participated in the 2015 recruitment process raised concerns about age relaxation and the weightage for employment exchange seniority in the selection process.
Finding of the Court:
The court found that the direction for age relaxation was justifiable, but the classification made by the Tribunal for such relaxation was not. The court also held that the weightage for employment exchange seniority should be calculated from the date of registration of the essential qualification, Diploma in Teacher Education, and not based on the TET qualification registration.
Issues: The main issues addressed by the court were the eligibility for age relaxation for candidates who had participated in the 2015 recruitment process and the calculation of weightage for employment exchange seniority in the selection process.
Ratio Decidendi: The court held that the direction for age relaxation was justifiable, but the classification made by the Tribunal for such relaxation was not. The court also determined that the weightage for employment exchange seniority should be calculated from the date of registration of the essential qualification, Diploma in Teacher Education, and not based on the TET qualification registration.
Final Decision: The court set aside the direction given by the Tribunal for age relaxation to the extent it was being modified by the court's directions. The court directed the Puducherry Government to take steps for giving age relaxation for all eligible candidates and to issue a corrigendum to the notification for the recruitment of Primary School Teachers to enable more candidates to apply. The court also directed the re-calculation of employment exchange seniority based on the essential qualification of Diploma in Teacher Education.
ORDER :
R. Suresh Kumar, J.
(Prayer: Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorari calling for the records relating to the order dated 01.03.2024 in O.A.Nos.310/01027/2023 etc., passed by the Hon'ble Central Administrative Tribunal at Chennai Bench and quash the same and allow the Original Application as prayed for.)
1. All these writ petitions have been filed challenging the common order passed by the Central Administrative Tribunal (CAT), Chennai Bench dated 01.03.2024 made in O.A.Nos.310/01031/2023 etc., batch of Original Applications.
2. The Administration of Union Territory of Puducherry had issued a notification inviting applications from eligible candidates for selection and appointment to the post of Primary School Teachers by a notification dated 21.10.2023. According to the said notification, the educational and professional qualification prescribed was a pass in Higher Secondary School Certificate or equivalent with 50% marks in aggregate and, Diploma in Teacher Education (In short 'DTE') in Basic Teacher's Training and should have studied Tamil/Malayalam as one of the subjects upto the secondary level and should have obtained minimum qualifying marks in Paper-I of the Teacher Eligibility Test (In short 'TET') examination.
3. Apart from these educational qualifications, the age limit that has been fixed is that the applicant shall be aged between 18 and 32 years as on 20.11.2023, which is the last date for submitting the applications. It has further been provided that age limit is relaxable for categories such as MBC, OBC, EBC, BCM, BT, SC and ST communities as well as persons with Bench Mark disability, Ex-servicemen etc.,
4. The mode of recruitment is that there shall be 100 marks for selection by giving weightage to the educational qualification and employment exchange senority which is stated as follows:
There shall be 100 marks for selection by giving weightage to the marks secured in the Academic qualification and to the Employment Exchange Registration Seniority as detailed below:
-70% weightage for HSC and Diploma in Teacher Education.
-20% weightage for marks secured in Teacher Eligibility Test Paper-I (CTET/TNTET/KTET/APTET) and
-10% weightage for Employment Exchange Seniority of Teacher Eligibility Test (TET Papger-I)."
5. Therefore 70% of the marks out of 100 would be given for the marks secured in HSE and Diploma in Teacher Education course certificate, 20% of the marks would be given for the marks secured in TET ie., Teacher Eligibility Test and 10% of the marks would be given for the Employment Exchange seniority of TET. That is how the 100 marks would be calculated and based on which, selection would be made. It is made clear that no competitive examination or viva-voce is prescribed.
6. The said notification has been put under challenge by a number of prospective applicants, who had challenged the same before the CAT Chennai in their respective Original Applications. The grounds of attack according to them is that, these applicants had already crossed the upper age limit of 32 years. Therefore, if age relaxation is not given to them, these applicants would be out of the purview of the selection process, as they became ineligible even to submit the application.
7. In this context, their contention was that, the TET examination was first introduced in the year 2011. Thereafter, in 2013 and 2015, there were notifications issued by the Government of Puducherry for the selection and appointment to the post of Primary School Teachers. Therefore, in those two selection processes, many of the candidates, even though secured the Diploma in Teacher Education Certificate, which is the basic and essential qualification to hold the post, could not participate because they did not either qualify with TET or for other reasons.
8. However, insofar as these applicants are concerned, since they have become qualified with Diploma in Teacher
The main legal point established in the judgment is that age relaxation for candidates and the calculation of weightage for employment exchange seniority should be in accordance with the Recruitment ....
Identical candidates holding Dip Ed qualifications from 2008 are entitled to age relaxation in recruitment processes, as consistent with judicial precedents supporting equal treatment under the law.
The TET qualification acquired prior to the recruitment process met the eligibility criteria, and the corrigendum clarified the age relaxation, warranting the consideration of the petitioner's appoin....
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