K.Neelavathi v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28-03-2019

CORAM:

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM W.P.No.30778 of 2018 And W.M.P.Nos.35918 and 35922 of 2018 K.Neelavathi .. Petitioner Vs.

1.The State of Tamil Nadu, Represented 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, 3.The Chairman, Teacher Recruitment Board, 4th Floor, EVK Sampath Road, DPI Campus, College Road, .. Respondents PRAYER: This Writ Petition is filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Certiorarified Mandamus, calling for the records relating to the impugned communication issued by the third respondent in No.Nil dated 12.10.2018 and to quash the same and consequently directing the respondents to select and appoint the petitioner to the post of SEWING Teacher in School Education under MBC category on par with juniors with reference to date of birth, with all consequential benefits and other attendant benefits.

For Petitioner : Mr.T.N.Rangesh Kanna For Respondents-1&2 : Mrs.P.Kavitha, Government Advocate.

For Respondent-3 : Mr.C.Munusamy, Special Government Pleader.

O R D E R

The relief sought for in the present writ petition is to call for the records relating to the impugned communication issued by the third respondent in proceedings dated 12.10.2018 and for a direction to direct the respondents to select and appoint the writ petitioner to the post of Sewing Teacher in School Education under MBC category on par with juniors with reference to date of birth with all consequential benefits and other attendant benefits.

2. The writ petitioner has admittedly passed his SSLC Course and the Higher Secondary Course (+ 2 Course). The petitioner has passed the Technical Examination Higher Grade in Free Land Outline Model Sewing. Accordingly, the writ petitioner is eligible and qualified for appointment to the post of Sewing Teacher.

3. The grievance in short addressed by the writ petitioner before this Court is that he had submitted her online application, pursuant to the Recruitment Notification issued by the Teachers Recruitment Board on 26.07.2017. The online application provides separate column in respect of the qualifications acquired by the respective candidates. As far as the medium of instruction is concerned, the same is provided against the column meant for SSLC and HSC / Equivalent. However, there is no separate column provided in respect of the qualifications of Technical Education. In other words, there is no column indicating the medium of instruction is provided in respect of the qualifications prescribed for recruitment to the post of Sewing Teacher.

4. The learned counsel appearing on behalf of the writ petitioner states that the writ petitioner had undergone the course in Sewing, by writing examinations in Tamil Medium. This apart, the writ petitioner had indicated in the online application that she had studied in Tamil Medium and therefore, entitled to avail the quota prescribed for the persons studied in Tamil Medium (20% quota). However, the writ petitioner had

not produced the certificates in respect of the Higher Grade Technical Examination showing that she had undergone the Course in Tamil Medium.

5. The learned counsel for the writ petitioner solicited the attention of this Court that no such certificate was issued to the writ petitioner at the time of passing of Technical Examination nor the medium of instructions are indicated in the certificate issued by the Director of Government Examinations. Under these circumstances, the petitioner had submitted his application before the Director of Government Examinations to issue certificate in respect of the medium of instructions for the course of Sewing. The Director of Government Examinations issued a reply letter by stating that the this Department is conducting Technical Examinations to private candidates only, for Government Technical Examination, no training is conducted by this Department. Hence, required certificate is unable to be issued to the candidate?.

6. The position is confirmed by the learned Government Advocate by stating that no such certificate was issued by the Director of Government Examinations, as the same are unable to be issued, for want of records.

7. The peculiar circumstances now arises that though the writ petitioner had undergone the Higher Grade Examinations in Sewing through Tamil Medium, she is not in a position to get certificate from the Director of Government Examinations. Thus, he had stated in her online application that she had opted Tamil Medium for undergoing the Higher Grade Examinations. This apart, during the certificate verification process also, the writ petitioner has stated that she has studied in Tamil Medium and she is entitled to avail the quota alloted for persons studied in Tamil Medium.

8. The next question arises is, whether the writ petitioner can produce the certificate, if any granted by the private institutes, which all are conducting Drawing courses or Sewing and Needle Courses. The writ petitioner has studied or underwent training in Private Institution long back. Thus, the Private Institution may not be in a position to issue such certificates or would have been closed by this time. This apart, such Private certificates, if at all issued by unrecognised private institutes, the same cannot be trusted upon, as the same will create doubts as far as the genuinity is concerned. The Private Institute, if issued any certificate and such certificates are taken for the purpose of providing public employment, the said procedure cannot be accepted, in view of the fact that there is a possibility of tampering of issuance and production of false certificates. This apart, if the Higher

Grade Examinations are undertaken by the private candidates even without undergoing any training in any of the institutes, there is a possibility of issuance of certificates, such circumstances are also possible. The course being technical one and the certificate course. Any person who has the knowledge of Drawing or Sewing and Needle works can participate in the lower or higher grade examinations. Under these circumstances, the private candidates may not be in a position to get such certificates from the Private Institutes. If such candidates are produced such certificates necessarily, they have to obtain certificates from the private institutes by paying some amount or by getting false certificates.

Therefore, such a scheme, if approved, will create lot of anomalies and will lead to corrupt practices and therefore, it cannot be approved. In the event of producing such certificates to be issued by the Private Institutes for the purpose of considering the candidates under the quota alloted for the persons studied in Tamil Medium, it will lead to corrupt practices. Thus, the said procedure now contended by the respondents cannot be the best one or full proof.

9. Under these circumstances, a pragmatic approach is to be adopted for the purpose of balancing the issues as well as in the matter of extending the quota for the persons who studied in Tamil Medium.

10. Admittedly, the writ petitioner has submitted the online applications stating that she is eligible to avail the quota alloted for the persons studied in Tamil Medium. Even during the certificate verification, the writ petitioner has stated that she has studied in Tamil Medium. As far as the application form is concerned, the medium of instruction is provided only against the column provided for SSLC and HSC/Equivalent. As far as the Technical Education column is concerned, no medium of instruction is provided. Thus, the respondents cannot now direct the candidates to secure the certificate from the Director of Government Examinations, who in turn refused to give such certificates, on account of the fact that those options are not available with the office of the Director of Examinations.

11. Under these circumstances, this Court is of an opinion that as per the online application, the Authorities Competent are bound to verify the medium of instructions in respect of SSLC and HSC / Equivalent. As far as the Technical qualification of Higher Grade Examinations are concerned, the candidates can be considered based on their declaration and based on the certificate verification done by the Competent Authorities at the time of the selection process. However, such undertaking and the statement given by the candidates during the

certificate verification process can be verified and scrutinized by the Competent Authorities with the Director of Government Examinations or with any other authorities, if necessary.

12. It is made clear that in the certificate verification form, if any candidate has not opted the medium of instructions, such candidates are not eligible to avail the quota allotted for the persons studied in Tamil Medium. If any of the candidate have not stated that he or she has studied in Tamil Medium, then such candidates are not eligible for the quota as the persons studied in Tamil Medium. In respect of all other candidates who have opted the Tamil quota both in the online application as well as in the certificate verification process in the prescribed format, those candidates can be considered in the PSTM quota and accordingly, the respondents are directed to consider the case of the writ petitioner by verifying the online application as well as in certificate verification in the prescribed format and thereafter, redraw the selection list by providing the quota alloted to the persons studied in Tamil Medium and thereafter, finalize the selection list and appoint the candidates, by following the procedures.

13. Accordingly, the writ petition stands allowed. However, there shall be no order as to costs. Consequently, the connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS-VIII) //True copy// Sub Assistant Registrar Svn To 1.The Principal Secretary to Government, State of Tamil Nadu, School Education Department, Secretariat, Fort St. George, Chennai-600 009.

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

3.The Chairman, Teacher Recruitment Board, 4th Floor, EVK Sampath Road, DPI Campus, College Road, +1cc to Mr.T.N.Rangesh Kanna, Advocate SR.No.30192 +1cc to Government Pleader, High Court, Madras SR.No.31078 W.P.No.30778 of 2018 GP(CO) GMY(03/05/2019)