JUDGMENT

(Judgment of the Court was delivered by R. MAHADEVAN, J.)

This writ appeal is filed by the appellant / Teachers Recruitment Board, against the order dated 08.04.2022 passed by the learned Judge in Rev.Appl (W) No.660 of 2017.

2. Originally, the first respondent herein applied for the post of Post Graduate Assistant (English), pursuant to advertisement no. 3/2012, dated 28.02.2012. She appeared for the written examination and scored 95 marks out of 100, meeting out the eligible cut-off marks and hence, she was called for certificate verification. Thereafter, the result was published on 12.12.2012, however, she was not selected for appointment. Feeling aggrieved, the first respondent filed W.P.No.35179 of 2012 before the writ court.

3. The writ petition was contested by the appellant / Board by filing counter affidavit, wherein, it was inter alia stated that on scrutiny of the records / certificates pertaining to the first respondent / writ petitioner, it was found that she had acquired two degrees viz., M.A (English) and B.Ed., simultaneously (in the same year) and hence, she was treated as ineligible for selection to the post of Post Graduate Assistant (English). The learned Judge, after hearing both sides, held that the first respondent had not undergone two degrees simultaneously and accordingly, allowed the writ petition on 01.02.2017.

4. Since the aforesaid order of the learned Judge was not complied with, the first respondent / writ petitioner filed contempt petition No.1461 of 2017, whereas, the appellant / Board filed Rev.Apl(W)No.660 of 2017 to review the same. Both the matters came up for hearing jointly on 08.04.2022 and the learned Judge passed the following order:

"According to the petitioner, the Transfer Certificate issued by the College has been genuine and in support of his contention, she has produced the Certificate received from Annamalai University, vide letter dated 23.03.2022, stating that the petitioner, after completion of one year, was issued with Transfer Certificate on her request with Tc.No.15 dated 09.07.2007 and later during the academic year 2008-2009, she was readmitted to II year M.A. English Degree Programme dated 19.08.2008 and during the one year, she has undergone B.Ed., (One Year Course) in Arunachala College of Education, Tiruvanamalai.

2. However, no substantive material has been placed by the respondents to claim that the said certificate is not genuine.

3. In such circumstances, list the matter on 13.04.2022 finally to report compliance, failing which statutory notice will be issued to the respondents".

Challenging the above order, the appellant/Board has come up with this writ appeal.

5. The learned Additional Advocate General appearing for the appellant / Board would submit that in the regular stream of M.A. Degree, the duration of course is two years. After completing the first year, if any candidate discontinued the studies in the mid-way of two year course, he/she will be treated as a dropped candidate and he / she will not be allowed to continue in the 2nd year degree course and write the final examination and that, he/she will be treated only as a fresh candidate or as a new entry for 1st year degree course. Adding further, the learned Additional Advocate General submitted that when the duration of course for M.A. Degree is fixed as two years for both regular and for distance mode, the first respondent undergoing M.A. degree course for three years in distance mode and acquiring B.Ed. degree on discontinuation after a period of one year with that of three years period, cannot be considered as eligible for selection to the post in question. It is also submitted that in the normal course of study, transfer certificate is issued to the candidates, on completion, by the college or in the University, where they have pursued the degree course, so as to enable them to join a new course or to do higher studies in the same college or elsewhere, and without transfer certificate for completi