K.P.Durugalakshmi v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.01.2024

CORAM

THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P. No.13313 of 2020 K.P.Durgalakshmi ...

Petitioner Vs.

1 The State of Tamil Nadu, Rep. by its Principal Secretary to Government, School Education Department, Secretariat, Fort St. George, Chennai 600 009.

2 The Director of School Education, DPI Campus, College Road, Chennai 06.

3 The Director of Elementary Education, DPI Campus, College Road, Chennai 600 006.

4 The Chairman Teacher Recruitment Board, EVK Sampath Maaligai, DPI Campus, College Road, Chennai 600 006.

... Respondents Writ Petition is filed under Article 226 of the Constitution of India to issue a writ of Mandamus, directing the Respondents to declare the

petitioner as eligible for selection and appointment to the post of Secondary grade teacher in Elementary Education in the State of Tamil Nadu based on Central Teacher Eligibility Test Eligibility Certificate issued by Central Board of Secondary Education dated 01.04.2015 and to consider the petitioner for selection and appointment to the post of Secondary Grade teacher in Tamil Nadu Elementary Education Service with all consequential and other attendant benefits within a time frame to be fixed by this Honble Court.

For Petitioner :

Mr.S.Nedunchezhiyan For Respondents For R1to R3 :

Mr.Yogesh Kannadasan Special Government Pleader For R4 :

Mr.R.Siddharth Government Advocate

ORDER

The petitioner who is a qualified Secondary Grade Teacher basing on the Central Teachers Eligibility Test (in short CTET) qualification, has filed this Writ Petition seeking a Writ of Mandamus to declare that the petitioner is eligible for selection and appointment to the post of Secondary grade teacher in Elementary Education in the State of Tamil Nadu based on CTET Certificate, dated 01.04.2015 and to consider the petitioner for selection

and appointment to the post of Secondary Grade teacher in Tamil Nadu Elementary Education Service with all consequential benefits.

2. Even before filing this Writ Petition, the petitioner has got a clarification under Right to Information Act, by seeking permission to issue a certificate stating that CTET Certificate is equal to Tamil Nadu Teachers Eligibility Test ( in short TNTET) Certificate, for which a reply dated 12.09.2018 has been received by stating that TNTET Certificate is not equalant to CTET Certificate. Thus, it is clear that the petitioner should possess TNTET Certificate for the post of Secondary Grade Teacher in Tamil Nadu Elementary Education Service.

3. The learned counsel for the petitioner submitted that subsequently the petitioner had also appeared and qualified in the TNTET Exam conducted by Teachers Recruitment Board in October 2022 and a certificate to that effect has been issued on 22.12.2022. According to him, the petitioner is eligible for selection and appointment to the post of Secondary Grade teacher in Tamil Nadu Elementary Education Service.

4. On perusal of records, it is clearly seen that the notification for Special Direct Recruitment for shortfalls ST Vacancies of Secondary Grade Teachers is of the year 2019 and the petitioner now claiming employment under the said notification. However, at the time of said notification, the petitioner was not having TNTET Certificate and she has passed TNTET Exam only during October 2022. Thus, the petitioner has filed this Writ Petition without any basis. Accordingly, the Writ Petition is dismissed. However, it is open to the petitioner to apply for future selection, if any. No costs.

03.01.2024 Index: Yes / No Speaking order / Non-speaking order vum

To:

1 The State of Tamil Nadu, Rep. by its Principal Secretary to Government, School Education Department, Secretariat, Fort St. George, Chennai 600 009.

2 The Director of School Education, DPI Campus, College Road, Chennai 06.

3 The Director of Elementary Education, DPI Campus, College Road, Chennai 600 006.

4 The Chairman Teacher Recruitment Board, EVK Sampath Maaligai, DPI Campus, College Road, Chennai 600 006.

R.N.MANJULA ,J.

vum W.P. No.13313 of 2020 03.01.2024