W.A.(MD)No.1102 of 2020

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

Dated : 29.04.2021

CORAM:

THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN

AND

THE HONOURABLE MR.JUSTICE B.PUGALENDHI

W.A.(MD)No.1102 of 2020

The Chairman,

Teacher Recruitment Board,

4th Floor, E.V.K.Sampath Building,

College Road,

Chennai - 6.

: Appellant

Vs.

1.R.Babu

2.The Director,

Directorate of Distance Education,

Madurai Kamaraj University,

Madurai - 625 021.

3.The Controller of Examinations,

Madurai Kamaraj University,

Madurai - 625 021.

: Respondents

PRAYER: Appeal filed under Clause 15 of the Letters Patent

challenging the order dated 09.01.2020, made in W.P.(MD)No.15503 of

2014.

Prayer in WP(MD). 15503/ 2014 :

Writ Petition is filed under Article 226 of the

Constitution of India, praying this Court To issue a Writ of

Certiorarified Mandamus, call for the records relating to the

impugned order of the Respondent dated nil and quash the same and

direct the respondent to appoint the Petitioner (Roll No. 13

TE10201421) as BT Assistant (School Assistant ) in HIstory Major

with effect from the date on which other candidates are appoionted

and granting such other and further reliefs wahich this Honourable

Court deems fit and proper in the circumstances of the this case and

thus render justice.

For Appellant

: Mr.VR.Shanmuganathan

For Respondents

: Mr.Veera Kathiravan

Senior Counsel

for Mr.K.Muthumalai for R.1

Mr.Ragatheesh Kumar

for M/s.Issac Chambers for RR.2 & 3

1/8

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

W.A.(MD)No.1102 of 2020

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.