← Library
Madras High CourtWP/27124/2014dismissed

C.M.Velayudhan v. The Chairman

2018-09-20Honourable Mr Justice S.M. Subramaniam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.09.2018 CORAM :

THE HONOURABLE MR. JUSTICE S.M. SUBRAMANIAM W.P.No.27124 of 2014 C.M.Velayudhan ... Petitioner Vs.

1.The Chairman, The Teacher Recruitment Board, 4th Floor, EVK Sampath Building, DPI Campus, College Road, Chennai - 600 006.

2.The Director of School Education, DPI Campus, College Road, Chennai - 600 006.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the Respondents to select and appoint the Petitioner (12TE16258104) to the post of Secondary Grade Assistant Teacher based on the selection conducted as per Teacher Eligibility Test Supplementary Examination conducted on 14.10.2012 by considering the Evaluation Certificate by State Council of Educational Research and Training, Chennai dated 05.09.2013 declaring Equivalence and as per the Certificate Verification conducted on 06.09.2013 on merits on par with juniors with reference to marks secured in the examination with all consequential and other attendant benefits, within a time frame to be fixed by this Hon'ble Court. For Petitioner : Mr.G.Sankaran For R1 : Mr.C.Munusamy Special Government Pleader (Education) For R2 : Mr.K.Karthikeyan Government Advocate

O R D E R

The relief sought for in the present writ petition is a direction to direct the respondents to select and appoint the petitioner to the post of Secondary Grade Assistant Teacher, based on the selection conducted as per Teacher Eligibility Test Supplementary Examination, conducted on 14.10.2012, by considering the Evaluation Certificate issued

by the State Council of Educational Research and Training, Chennai, dated 05.09.2013, declaring equivalence and as per the Certificate Verification conducted on 06.09.2013 on merits, on par with juniors with reference to marks secured in the examination with all consequential and other attendant benefits.

2. The learned counsel for the writ petitioner states that the writ petitioner is qualified for the post of Secondary Grade Assistant Teacher. The petitioner acquired the qualification of D.T.Ed., in Andhra Pradesh in the year 2006. He registered his name in the Employment Exchange for public employment. Pursuant to the employment seniority, he was called for certificate verification and he had participated in the process of certificate verification on 08.11.2012.

3. However, it is brought to the notice of this Court by the learned Special Government Pleader that the writ petitioner had not produced the D.T.Ed. certificate, at the time of certificate verification.

Clause 2 of the instructions given in the call letter for certificate verification evidently shows that the candidates have to bring all the original certificates regarding their educational qualification, community, etc. and produce them at the time of certificate verification, without fail. Further, the certificates, if any, submitted after the date of certificate verification will be rejected. As the petitioner failed to produced the D.T.Ed. certificate at the time of certificate verification on 08.11.2012, he has violated the instructions issued.

4. The learned counsel for the petitioner disputed the contentions stating that the writ petitioner had produced the original D.T.Ed. certificate. However, the petitioner had not produced the equivalence certificate, which is required to establish that the qualification acquired by the writ petitioner in Andhra Pradesh is equivalent to that acquired in the State of Tamil Nadu.

5. This Court is of an opinion that if a candidate is called for certificate verification, it is necessary that all the original certificates must be produced. In the event of not producing required certificates, the non selection of such a candidate is to be upheld. In respect of the writ petition on hand, admittedly, the writ petitioner had not produced the equivalence certificate to establish that the qualification of D.T.Ed. acquired by the writ petitioner in Andhra Pradesh is equivalent to that acquired in the state of Tamil Nadu. Thus, there is no infirmity in respect of rejecting the writ petitioner for selection to the post of Secondary Grade Assistant Teacher.

6. In this view of the matter, no further adjudication is required in respect of the grounds raised in the present

writ petition. Accordingly, the writ petition stands dismissed. However, there shall be no order as to costs. mkn/ssr Sd/- Assistant Registrar(CS-V) // True Copy// Sub Assistant Registrar To 1.The Chairman, The Teacher Recruitment Board, 4th Floor, EVK Sampath Building, DPI Campus, College Road, Chennai - 600 006.

2.The Director of School Education, DPI Campus, College Road, Chennai - 600 006.

+ 1 cc to Mr.G.Sankaran, Advocate Sr 65685 + 1 cc to The Govt. Pleader, Sr 65849 KR/11/10/18 W.P.No.27124 of 2014