IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.02.2022

CORAM

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN

AND

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ

W.A.NO.2928 OF 2019

&

C.M.P.NO.18990 OF 2019

R.Mekala

..Appellant

Vs.

1.

The Director of School Education,

College Road, Chennai -6.

2.

The Chief Educational Officer,

Salem District, Salem.

..Respondents

Prayer:

Writ Appeal as against the order dated 04.02.2019

passed in W.P.No.503 of 2018.

Prayer in W.P.No.503 of 2018:-

Writ Petition filed under Article 226 of the Constitution of

India, to issue a Writ of Mandamus or any other appropriate writ

or order or direction in the nature of writ or order by

directing the respondents to appoint the petitioner to the post

of BT Assistant (Geography) pursuant to her selection by the

Teachers Recruitment Board with all consequential benefits with

effect from 28.11.2017 on par with her colleagues with all

attendant benefits including salary, increments, seniority and

all other benefits.

For Appellant

::

Mr.P.Ganesan

For Respondents

::

Mrs.Mythreyee Chandru

Special Govt. Pleader (Edn.)

https://hcservices.ecourts.gov.in/hcservices/

J U D G M E N T

S VAIDYANATHAN,J. AND MOHAMMED SHAFFIQ,J.

Aggrieved by the order of the learned Single Judge dated

04.02.2019 passed in W.P. No. 503 of 2018, the present writ

appeal has been preferred.

2.

The writ petitioner, who is the appellant herein,

approached this Court seeking a direction to the respondents to

appoint her in the post of B.T. Assistant (Geography) pursuant

to her selection by the Teacher's Recruitment Board (hereinafter

referred to as 'TRB') with all consequential benefits from

28.11.2017 on par with others, with all attendant benefits

including salary, increments, seniority and all other benefits.

By the impugned order, the relief sought by the writ

petitioner/appellant came to be rejected, which necessitated the

filing of this writ appeal.

3.

The case of the appellant is that after completing

Higher Secondary, she had completed Diploma in Teacher’s

Education. Thereafter, she had completed B.Litt in the year

2013 and also came out successful in the Teacher’s Eligibility

Test held in August, 2013. The appellant subsequently completed

B.Sc (Geography) through correspondence and also finished B.Ed

in regular course. In response to the notification issued by

TRB dated 27.04.2017 calling for filling up various posts of

B.T. Assistant in different subjects, the appellant applied for

the post of B.T. Assistant (Geography) in which there were 400

vacancies and after completion of certificate verification, the

results were declared and the appellant was declared to have

been selected. She was also allotted to a Government School in

Dharmapuri District.

However, she did not receive any

appointment order and on enquiry, she came to understand that

her candidature had been rejected on account of the fact that

she had undergone dual degree course as far as B.Litt and B.Sc

(Geography) courses are concerned.

4.

According to the learned counsel for the appellant,

B.Litt is not one of the qualifications prescribed for

recruitment to the post of B.T.Assistant (Geography), that the

appellant is not claiming any relief based on the said course,

that she has undergone the pattern of study 10+2+3+2, that out

of 400 candidates, only 16 have been selected including her and

the rejection on the ground that she had undergone dual degree

is bad. According to the learned counsel for the appellant, the

learned Single Judge ought not to have rejected the relief on

the ground that the writ petitioner/appellant was doing final

year B.Litt during 2010-2011 and joined B.Sc (Geography) in the

https://hcservices.ecourts.gov.in/hcservices/

same academic year in Tamil University, Thanjavur. According to

the appellant, she completed B.Litt during 2010-2011 and applied

for a