K. Kavitha v. The Chief Educational Officer

W.P.(MD) No.7485 of 2015 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.08.2019

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD) No.7485 of 2015 and M.P.(MD) No.1 of 2015 K.Kavitha ... Petitioner vs.

1.The Chief Educational Officer, Thanjavur.

2.The District Educational Officer, Kumbakonam.

3.The Secretary, Panathurai Higher Secondary School, Kumbakonam.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of certiorarified mandamus, calling for the records relating to the impugned order dated 23.09.2014 passed by the 3rd respondent and quash the same and consequently, direct the 3rd respondent to resubmit the proposal for the temporary approval of the appointment of the petitioner to the 2nd respondent. For Petitioner :

Mr.M.Suresh For R1 and R2 :

Mrs.S.Srimathi Special Government Pleader For R3 : Mr.Anwar Sameem

O R D E R

The relief sought for in the present writ petition is to quash the impugned order dated 23.09.2014, passed by the third 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.7485 of 2015 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 (AS) // True Copy // Sub Assistant Registrar To:

1.The Chief Educational Officer, Thanjavur.

2.The District Educational Officer, Kumbakonam.

+1 CC to M/s.T.ANOTNY ARUL RAJ, Advocate ( SR-84020[F] dated 29/08/2019 ) +1 CC to M/s.SPL GP ( SR-84181[F] dated 29/08/2019 ) +1 CC to M/s.M.SURESH, Advocate ( SR-84372[F] dated 30/08/2019 W.P.(MD) No.7485 of 2015 and M.P.(MD) No.1 of 2015 28.08.2019 NS MS/24.09.2019/2P.6C https://hcservices.ecourts.gov.in/hcservices/ 2/2