JUDGMENT

(Judgment of the Court was delivered by B.PUGALENDHI, J.)

This writ appeal is directed as against the order passed by the learned Single Judge in W.P.(MD)No.15503 of 2014, dated 09.01.2020. The said writ petition was filed by the first respondent / writ petitioner as against the order passed by the appellant rejecting the writ petitioner for the post of B.T. Assistant (History) on the ground that he has acquired the required qualification of B.A., (History) Degree in one year duration and therefore, he is not eligible for appointment.

2. The appellant / Teachers Recruitment Board conducted Teachers Eligibility Test (TET) on 18.08.2013 and based on the scores obtained, the writ petitioner was called for recruitment to the post of B.T. Assistant (History). During the certificate verification, it is found that the writ petitioner obtained B.A., (History) Degree in one year duration and therefore, the appellant rejected the writ petitioner's candidature. Aggrieved over the same, the writ petition was filed. The learned Single Judge, by referring to the orders of this Court in N.Chitra v. State of Tamil Nadu and Others, in W.P.(MD)No.19764 of 2014, dated 08.05.2017, allowed the writ petition with a direction to the appellant to consider the B.A., (History) Degree issued by the Madurai Kamaraj University as valid and to appoint the petitioner in the post of B.T. Assistant (History).

3. Mr.VR.Shanmuganathan, learned Standing Counsel appearing for the appellant submitted that the writ petitioner joined B.Sc., (Mathematics) three years course, studied for two years and thereafter, applied for change of course from B.Sc., (Mathematics) to B.A., (History) and completed all the papers pertaining to B.A., (History) in the third year, ie., one year and obtained the B.A., (History) Degree certificate in the year 1995. Based on the U.G. Degree, he pursued B.Ed., Course in Bharathiyar University and also obtained B.Ed., Degree and thereafter, applied for the post of B.T. Assistant. He further submitted that a B.T. Assistant (History) Teacher is expected to teach the subject (History) for the students. Therefore, the necessary qualification for the said post is a Degree in the subject. The writ petitioner has obtained the B.A., (History) Degree in one year, instead of three years. Therefore, he is not eligible for consideration as per the decision of this Court in R.Thirunavukkarasau v. State of Tamil Nadu and Others, reported in (2012) 5 CTC 129, which was confirmed by a Division Bench of this Court in W.A.No.529 of 2013, etc., batch, dated 05.02.2014, in Pramakumari and Others v. R.Karthikeyan and Others.

4. The learned Senior Counsel appearing for the first respondent / writ petitioner submitted that the writ petition was allowed based on the earlier order passed by this Court in N.Chitra's case (supra). He further submitted that B.A., (History) Degree certificate was issued by the Madurai Kamaraj University and based on this UG Degree, the writ petitioner applied for B.Ed., course in Bharathiyar University, where also the writ petitioner's qualification was considered and accepted by the Bharathiyar University for studying B.Ed., course. The appellant is not competent to say that the B.A., (History) Degree offered by a recognized University is not a valid one.

5. This Court paid it's anxious consideration to the rival submissions made and also to the materials placed on record.

6. The facts of the case are not in dispute. The writ petitioner initially joined B.Sc., (Mathematics) course and having studied for two years, opted for change of course and studied B.A., (History) in the third year. He cleared all the papers pertaining to B.A., (History) in one year, ie., the third year and obtained the Degree certificate from Madurai Kamaraj University. Based on the B.A., (History) Degree, he also studied B.Ed., Course and obtained B.Ed., Degree from the Bharathiyar University.

7. In the decision relied upon by the learned Standing Counsel appe