B.Jansirani v. Teachers Recruitment Board

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.07.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P.No.16949 of 2024 B.Jansirani ... Petitioner Vs

1. Teachers Recruitment Board, represented by its Secretary, 3rd and 4th Floor, Puratchi Thalaivar Dr.M.G.R.Centenary Building, Perasiriyar Anbazhagan Kalvi Valagam, College Road, Nungambakkam, Chennai - 600 006.

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

.... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the first respondent to call the Petitioner for Certificate Verification for the Post of Graduate Teacher Inclusive Education of the Disabled at Secondary Stage (IEDSS) Hearing Impairment notified under the Addendum Notification No.03A/2023, dated 15.11.2023 based on the B.Ed. Degree secured by the petitioner from Tamil Nadu Teachers Education University in the examination held in May, 2013 in First Class in the Theory Examination and in First Class with distinction in the

Practical Examination and Certificate dated 02.12.2016 issued by the Tamil Nadu Open university to the petitioner for having passed the PG Professional Diploma in Special Education - Hearing Impairment in First Class in the examination held in December, 2015 and based on the 84 marks secured by the petitioner in the written examination held by the first respondent on 04.02.2024 and the weightage marks of 3 for passing TNTET, 2017 (total 84+3=87) select the petitioner for the post of Graduate Teacher (IEDSS) Hearing Impairment notified under Notification No.03A/2023, dated 15.11.2023 and direct the second respondent issue appointment order to the petitioner as Graduate Teacher (IEDSS) Hearing Impairment.

For Petitioner : Mrs.Nalini Chidambaram, Senior Counsel for M/s C.Uma For R1 : Mr.R.Neelakandan Additional Advocate General for Mr.C.Kathiravan Standing Counsel For R2 : Mrs.S.Mythreye Chandru Special Government Pleader

ORDER

This writ petition has been filed for direction directing the first respondent to call the petitioner for certificate verification for the post of Graduate Teacher Inclusive Education of the Disabled at Secondary Stage (IEDSS) Hearing Impairment as per the Addendum Notification No.03A/2023, dated 15.11.2023.

2. Heard the learned counsel on either side and perused the materials available on record.

3. The petitioner is qualified with degree in B.A. English and B.Ed degree. She is also qualified with Diploma in Special Education. While being so, the first respondent issued notification dated 25.10.2023 inviting applications for direct recruitment for the post of the Graduate Teachers/Block Resource Teacher Educators and other departments. Thereafter, the Addendum Notification No.03A/2023, dated 15.11.2023 was issued, thereby calling upon the application for the post of Graduate Teachers Inclusive Education of the Disabled at Secondary Stage (IEDSS) Hearing Impairment. The qualification for Graduate Teacher is as follows:- " Qualification for Graduate Teacher (IEDSS -a & b) IEDSS stands for Inclusive Education of the Disabled at Secondary Stage (IEDSS) is the full form of IED in Special Education which is a centrally sponsored scheme of intergraded education for disabled children aiming at providing educational opportunities to children with disabilities.

Candidates should possess Graduation with at least 50% marks and B.Ed. (Special Education) from a recognized University. The qualification prescribed for the post should have been obtained by passing the required

qualification in the order of studies 10th +HSC or its equivalen+UG degree+B.Ed. Degree. The B.Ed., (Special Education) degree should be obtained with specialization in VI (Visual Impairment) HI (Hearing Impairment)/MR (Mental Retardation) and qualified in TNTET Paper - II. Note:

For the above mentioned vacancies, 40% vacancies will be reserved for persons who studied B.Ed., Special Education with specialization in Visual Impairment. 40% vacancies will be reserved for persons who studies B.Ed., Special Education with Specialization in Hearing Impairment. 20% vacancies will be reserved for persons who studied B.Ed. Special Education with specialization in Mental Retardation."

4. However, the petitioner failed to apply for the said post. In the written examination, the petitioner secured 84 marks. However, the petitioner was not coming under the zone of consideration. She is coming under the BC category. Therefore, she was not called for certificate verification.

5. The learned Additional Advocate General appearing for the first respondent would submit that though the petitioner is qualified to apply for the post of Graduate Teacher (IEDSS) Hearing Impairment, she failed to appear. She is having qualification in Diploma in Special Education. Therefore, she will be called for certificate verification.

6. The learned Special Government Pleader appearing for the second respondent submitted that now the certificate verification has been completed. That apart, the petitioner did not apply for the said post. She is also not having the qualification of B.Ed in Special Education. Even according to the petitioner, the petitioner possessed Diploma in Special Education.

7. In view of the above submissions, if the petitioner satisfies the eligibility criteria, as per the Addendum Notification No.03A/2023, dated 15.11.2023, the respondents are directed to call for the petitioner for certificate verification, even though she did not apply for the said post, within a period of two weeks from the date of receipt of a copy of this order.

8. With the above directions, this writ petition is disposed of. Consequently, connected Miscellaneous petition is closed. There shall be no order as to costs.

10.07.2024 Internet: Yes Index : Yes/No Speaking/Non Speaking order mn

G.K.ILANTHIRAIYAN. J, mn To

1. The Secretary, Teachers Recruitment Board, 3rd and 4th Floor, Puratchi Thalaivar Dr.M.G.R.Centenary Building, Perasiriyar Anbazhagan Kalvi Valagam, College Road, Nungambakkam, Chennai - 600 006.

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

10.07.2024