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Madras High CourtWP/14329/2014disposed of

B.Suganthi v. The Principal Secretary

2021-01-08Honourable Mr Justice R. Mahadevan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.01.2021

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.No.14329 of 2014 & MP.No.1 of 2014 B.Suganthi ...

Petitioner Vs

1. The Principal Secretary to Government, Government of Tamilnadu, Education Department, Fort St.George, Chennai - 600 009.

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

3. The Director, Teachers Recruitment Board, EVK Sampath Maligai, 4th Floor, College Road, Chennai - 600 006.

... Respondents Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the third respondent to issue appointment order to the petitioner appointing as Graduate Teacher for the subjects of Botany and Zoology, in any of the schools in the State of Tamilnadu and to pay salary and all other monetary benefits.

For Petitioner : Mr.R.Kamaraj For R1 & R2 : Mr.A.Rajaperumal, AGP For R3 : Mr.C.Munusamy, Spl.GP

O R D E R

The petitioner has come up with this Writ Petition seeking a direction to the third respondent to appoint her as Graduate Teacher for the subjects of Botany and Zoology, in any of the schools in the State of Tamil Nadu and pay salary and all other benefits.

2. According to the learned counsel for the Petitioner, the petitioner possessed B.Sc (Micro Biology) and B.Ed degrees and also passed Teachers Eligibility Test (TET) conducted by the third respondent on 14.10.2012. Pursuant to the call letter, she appeared for certificate verification on 06.11.2012 and produced her degree certificates. However, she was not considered for appointment to the post of Graduate Teacher, on the ground that the degree of B.Sc in Micro Biology has not been declared as equivalent for the subjects of Botany and Zoology. Stating that as per G.O.(Ms.)No.72 Higher Education (K2) Department dated 30.04.2013, wherein, it is stated that in Resolution No.2, the Equivalence Committee has resolved to recommend the subject "Micro Biology" found at Sl.No.21, as equivalent to teach the subjects of Botany & Zoology, the petitioner made a representation dated 05.04.2014 to the Respondents, requesting to consider her candidature for appointment to the post of Graduate Teacher, but the same was not considered, till date. Hence, this Writ Petition.

3. On the other hand, the learned Special Government Pleader appearing for the third respondent fairly submitted that the third respondent would consider the representation of the petitioner, if it is pending and pass orders, on merits, within a reasonable time to be fixed by this Court.

4. Considering the facts and circumstances of the case and having regard to the submissions now made by the learned counsel on either side, this Court directs the third respondent to consider the Petitioner's representation dated 05.04.2014, if not already considered, and pass appropriate orders, on merits and in accordance with law and also in the light of G.O.(Ms.) No.72 Higher Education (K2) Department dated 30.04.2013, within a period of eight weeks (8) weeks from the date of receipt of a copy of this order.

5. This Writ Petition is disposed of with the above direction. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar av

To

1. The Principal Secretary to Government, Government of Tamilnadu, Education Department, Fort St.George, Chennai - 600 009.

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

3. The Director, Teachers Recruitment Board, EVK Sampath Maligai, 4th Floor, College Road, Chennai - 600 006.

+1 cc to Mr. R.Kamaraj, Advocate Sr No.1270 +1 cc to Government Pleader Sr No.1653 W.P.No.14329 of 2014 & MP.No.1 of 2014 08.01.2021 JP(CO) RG.28.04.2021(3P/6C)