The Director Of School Education v. Gandhimathi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.06.2024

CORAM

THE HONOURABLE Mr.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE Mr.JUSTICE C.KUMARAPPAN and CMP.No.963 of 2021

1. The Director of School Education, DPI Complex, College Road, Chennai-6.

2. The Chairman Teachers Recruitment Board, EVK Sampath Building, College Road, Chennai-600 006.

3. The Joint Director of School Education (Higher Secondary) DPI Complex, College Road, Chennai-6.

4. The Chief Educational Officer, Thiruvallur, Thiruvallur District.

... Appellants Vs.

Ms.Gandhimathi ... Respondent Prayer: Writ Appeal filed under Clause 15 of Letters Patent praying to set aside the order passed in W.P.No.16815 of 2013 dated 08.09.2020. 1/4

For Appellants : Mr.U.M.Ravichandran Special Government Pleader For Respondent : No Appearance *****

J U D G M E N T

[Judgment of the Court was delivered by S.M.SUBRAMANIAM, J.] The main ground raised in the present Writ Appeal to assail the writ order passed in the writ petition is that the respondent was selected for appointment to the post of PG Assistant (Tamil). Though an order of appointment was issued to him, the Authorities during verification of the certificates found that the petitioner completed B.Sc degree in Chemistry and thereafter, passed M.A (Tamil). As per the Recruitment Notification of the year 2012 issued by the Teachers Recruitment Board, the requisite qualification for selection to the post of PG Assistant (Tamil) is "Candidates should have studied in the same subject in Bachelor's Degree and Master's Degree, both for academic subjects and Languages".

2. The respondent, in her affidavit states that she completed B.Lit., degree. However, the B.Lit., degree was possessed by her long after acquiring the M.A., degree in Tamil. Therefore, this Court is of the 2/4

considered opinion that the writ petitioner, at the time of selection was not eligible for selection to the post of PG Assistant (Tamil), since she had not studied the same subject in Bachelor's degree and Master's degree. That apart, the writ petitioner/respondent even at the time of filing of the writ petition, was aged about 43 years and now she would be around 54 years.

3. For the aforesaid reasons, the order impugned dated 08.09.2020 passed in WP.No.16815 of 2013 is set aside and consequently, the Writ Appeal stands allowed. No costs. Consequently, connected CMP is also closed.

[S.M.S., J.] [C.K., J.] 06.06.2024 kmi Index : Yes Speaking order : Yes 3/4

S.M.SUBRAMANIAM, J.

and C.KUMARAPPAN, J.

kmi 06.06.2024 4/4