K.Kalpana v. The Tamil Nadu Teachers Recruitment Board,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.11.2018
CORAM
THE HON'BLE DR.JUSTICE S.VIMALA W.P.No.31041 of 2018 K.Kalpana ...
Petitioner Vs 1.The Tamilnadu Teachers Recruitment Board rep.by its Chairman / Member Secretary EVK Sampath Maligai, College Road 2.The Government of Tamilnadu rep.by its Secretary, Personnel & Administrative Reforms (M) Department, Secretariat Chennai - 600 009.
3.The Director, Directorate of School Education DPI Campus, College Road, Nungambakkam 4.The University of Madras, rep.by Registrar Chepauk, Chennai 600 005.
.... Respondents For Petitioner :
M/s.K.Balu For Respondents :
Ms.P.Kavitha, Govt.Advocate (Education) - for R1 to R3 Mr.L.P.Shanmugasundaram - for R4 Prayer : Writ Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the respondents to consider the petitioner's qualification of M.Sc., B.Ed., Bio Chemistry is equivalent to Chemistry and also consider to teach Science subject at High School level based on the recommendations of the fourth respondent dated 01.03.2018 in W.P.No.25718 of 2012, consequently direct the respondents 1 to 3 to appoint the petitioners as Graduate Teacher (B.T.Assistant) forthwith.
O R D E R
This writ petition has been filed seeking direction to the respondents to consider the petitioner's qualification M.Sc., B.Ed., Bio Chemistry as equivalent to Chemistry and also to permit the petitioner to teach Science subject at High School level based on the recommendations of the fourth respondent dated 01.03.2018.
2. The petitioner has studied M.Sc., B.Ed., Bio Chemistry and also completed M.Phil. She appeared for the Tamil Nadu Eligibility Test for the appointment of Graduate Teacher on 07.09.2012 and she also attended the certificate verification on 16.12.2012. She was selected, but was not appointed on the ground that she possessed graduation degree in Bio Chemistry and not in Chemistry. Therefore, the third respondent has requested the Government to clarify as to whether Bio Chemistry as equivalent to Chemistry. This clarification was sought for based on the recommendation of the fourth respondent vide G.O.Ms.No.228 dated 04.11.2013.
3. Learned counsel for the petitioner submits that a similarly placed candidate had filed W.P.No.25718 of 2012, challenging G.O.Ms.No.24 dated 04.02.2011 and G.O.Ms.No.122 dated 04.06.2012 and to declare B.Sc.. Bio Chemistry as eligible qualification for the post of B.T.Assistant in Tamil Nadu Secondary Education service. This Court passed the following order dated 01.03.2018 in the said writ petition. "...the Board of Studies in Biochemistry (Common Board) of the University at its meeting held on 14.11.2014 has made deliberations on the item No.4 of the G.O.Ms.No.228 Higher Education (K2) Department, dated 04.11.2013 and made the following resolutions.
1. RESOLVED that a B.Sc. Biochemistry graduate with B.Ed is eligible to teach Science subjects (Chemistry and Biology) at High School level.
2. RESOLVED to recommend to TNPSC and TRB to consider B.Sc. Biochemistry graduates with B.Ed as eligible to teach science subjects (Chemistry and Biology) at High School level.
Accordingly a letter has been sent to the Secretary, Higher Education Department, Secretariat and the Secretary, Personnel and Administrative
Reforms Department, Secretariat, Chennai on 22.05.2015 informing the above recommendations".
The writ petition was directed to be disposed of in the light of the above observations.
4. Heard Ms.P.Kavitha, Govt.Advocate (Education) for respondents 1 to 3 and Mr.L.P.Shanmugasundaram for the fourth respondent.
5. Considering the similarity of the fact and in the circumstances of this case, this Court deem it appropriate to pass orders in the light of the earlier order of this Court in W.P.No.25718 of 2012. Accordingly, the fourth respondent is directed to issue clarification with respect to the issues raised in the representation dated 04.09.2018 (of the petitioner) within a period of four weeks from the date of receipt of a copy of this order. Registry is directed to enclose a copy of the order in W.P.No.25718 of 2012 along with a copy of this order. The writ petition is ordered accordingly. No costs.
Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar To
1. The Chairman / Member Secretary The Tamilnadu Teachers Recruitment Board, EVK Sampath Maligai, College Road
2. The Secretary, The Government of Tamilnadu Personnel & Administrative Reforms (M) Department, Secretariat Chennai - 600 009.
3.The Director, Directorate of School Education DPI Campus, College Road, Nungambakkam 4.The Registrar, The University of Madras, Chepauk, Chennai 600 005.
(Copy of order in W.P.No.25718/2012 dated 1.3.2018 enclosed) +1cc to Mr.K.Balu, Advocate Sr.80563 W.P.No.31041 of 2018 rj[co] srg 27/11/2018