C.Rajakumari, W/O.A.Thangaraj v. The Principal Secretary To
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.06.2019
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD) No.14717 of 2015 and M.P.(MD) Nos.1, 2 & 3 of 2015 C.Rajakumari ... Petitioner vs.
1.The Principal Secretary to Government School Education Department Secretariat, Chennai-600 009 2.The Director of School Education D.P.I.Campus, College Road, Chennai 3.The Chief Educational Officer Thanjavur District, Thanjavur 4.The District Educational Officer Kumbakonam, Thanjavur District 5.The Secretary Banadurai Higher Secondary School Banadurai South Street Kumbakonam-612 001 Thanjavur District ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of certiorarified mandamus to call for the records of the impugned order No. Nil dated 23.09.2014 passed by the 5th respondent and quash the same as illegal and consequently direct the respondents to reinstate and to approve the appointment of the petitioner in the post of B.T.
Assistant (Tamil) of the 5th respondent school with effect from the date of the petitioner's appointment on 20.09.2012 with all attendants benefits of salary and allowances within a time stipulated by this Court with a condition that the petitioner should pass the Teachers Eligibility Test before 14.11.2016 as per the 1st respondent's letter 42680/TRB/2014 dated 21.04.2015.
For Petitioner :
Mr.L.George Paul Anto For Respondents :
Mrs.S.Srimathi Special Government Pleader for R1 to R4 Mr.T.Antony Arul Raj for R5
O R D E R
https://hcservices.ecourts.gov.in/hcservices/ The relief sought for in the present writ petition is to
quash the impugned order dated 23.09.2014, passed by the fifth respondent, relieving the writ petitioner from service, on the ground that she has not cleared the Teachers Eligibility Test, which is a requisite qualification for appointment to the post of B.T.Assistant.
2. Admittedly, the writ petitioner has not cleared the Teachers Eligibility Test, which is a mandatory qualification for appointment to the post of B.T.Assistant. Though the writ petitioner was appointed as B.T.Assistant (Tamil), she has not cleared the Teachers Eligibility Test and therefore, this Court is not inclined to consider the other grounds raised in the present writ petition. Thus, this Court is of the view that the order impugned in the present writ petition is in consonance with the recruitment rules in force. As passing of the Teachers Eligibility Test and National Eligibility Test is a national policy, this Court cannot grant any such relief as sought for in the writ petition.
3. Accordingly, the writ petition stands dismissed. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (AD II) // True Copy // Sub Assistant Registrar(CS) To:
1.The Principal Secretary to Government, School Education Department, Secretariat, Chennai-600 009.
2.The Director of School Education, D.P.I.Campus, College Road, Chennai.
3.The Chief Educational Officer, Thanjavur District, Thanjavur.
4.The District Educational Officer, Kumbakonam, Thanjavur District.
+1 CC to M/s.SPL GP ( SR-70465[F] dated 21/06/2019 ) W.P.(MD) No.14717 of 2015 and M.P.(MD) Nos.1, 2 & 3 of 2015 20.06.2019 KRK KK/SAR/05.07.2019/2P-6C https://hcservices.ecourts.gov.in/hcservices/