Judgment :- R. BANUMATHI,J This Writ Appeal arises out of the order dismissing the Writ Petition to consider the Appellant [Graduate in Micro-Biology] for the post of Junior Graduate Assistant (Botany). 2. By consent of both sides, the Writ Appeal was taken up for final disposal at the admission stage. 3. Brief facts which led to the filing of Writ Appeal are as follows:- In the year 20062007, in accordance with the the orders issued in G.O.Ms.No.100 School Education (Q2) Department dated 10.08.2004 and Government letter No.12985/Bud-2/06-4 dated 26. 2006, the Teachers Recruitment Board notified the vacancies in Tamil and English dailies inviting applications from eligible candidates who had registered their names in the Employment Exchange for the posts of Junior Graduate Assistants. The prescribed qualifications for Junior Graduate Assistant posts are B.A./B.Sc., Degree in the relevant subject with B.Ed. Degree. The same qualifications have been specifically noted in the advertisement and prospectus issued by the Teachers Recruitment Board. The subjects Tamil, English, Mathematics, Physics, Chemistry, History, Geography, Botany and Zoology are taught as academic subjects in Government Middle/High/Higher Secondary Schools and the vacancies for these posts were notified in the advertisement of the Board. Appellant is a degree-holder in Micro-Biology and she has applied for Subject Code G06 i.e. for Subject Botany. 4. Stand of Government is that the subject Micro-Biology is not recognised as equivalent to any of the science subjects specified by the Government for the post of Science Teachers and therefore, the candidate could not be considered for the said post. Further, stand of Government is that the rules in existence did not permit the Board to consider the Appellant for the post of Science Graduate Teacher, since the Appellant had not fulfilled the required minimum educational qualifications as specified in the advertisement. Hence, Board has rejected Appellants application on the ground that she did not possess Botany as main subject in B.Sc., Degree to which the recruitment is made. 5. Hence, Board has rejected Appellants application on the ground that she did not possess Botany as main subject in B.Sc., Degree to which the recruitment is made. 5. Case of the Appellant is that in G.O.Ms.No.185 Higher Education (G1) Department dated 13.06.2005, Government clarified that candidates who have done their U.G. Degree in Environmental Science and Micro-Biology and Applied Chemistry, Bio-Chemistry or Applied Physics can apply for Chemistry and Physics optional respectively in B.Ed., and it was the duty of Government to take any decision in consonance with the spirit of the Government Order in G.O.Ms.No.185 dated 13.06.2005 and not otherwise affecting the rights of the innocent candidates. 6. Respondents resisted the Writ Petition contending that Writ Petitioner is a degree-holder in Micro-Biology and the same is not recognised as equivalent to any of the science subjects specified by the Government for the post of Science Teachers and the rules in existence did not permit the Board to consider the Appellant for the post of Science Graduate Teacher and the Board rightly rejected the application on the ground that Appellant did not possess Botany as main subject in B.Sc., Degree to which the recruitment is made. 7. Learned single Judge held that having studied B.Sc. Micro-Biology and B.Ed. course, now it is not open to the Appellant to say that she possesses requisite qualification. Learned single Judge further held that in cases where a B.T. teacher has to be appointed for the purpose of teaching Botany or Zoology, definitely a person having basic degree in Micro-Biology cannot be expected to be a better teacher for Botany. 8. Challenging the order of learned single Judge, Mr.R.Singaravelan, learned counsel for the Appellant contended that in G.O.Ms.No.185 dated 13.06.2005 where there is categorical clarification that those who have done their Micro-Biology can apply Biology optional in B.Ed., Respondents cannot take a different stand what is stated in G.O.Ms.No.185 dated 13.06.2005. It was further submitted that in G.O.Ms.No.254 School Education (D2) Department dated 210. 1998, Government clarified that B.Sc. Micro-Biology is to be treated as equivalent for B.Sc. Botany/Zoology and the learned single Judge did not keep in view the G.O.Ms.No.254 dated 210. 1998. Learned counsel for the Appellant prayed for appropriate direction to the Respondents either for conducting re-examination for the Appellant or for other suitable directions. 9. 1998, Government clarified that B.Sc. Micro-Biology is to be treated as equivalent for B.Sc. Botany/Zoology and the learned single Judge did not keep in view the G.O.Ms.No.254 dated 210. 1998. Learned counsel for the Appellant prayed for appropriate direction to the Respondents either for conducting re-examination for the Appellant or for other suitable directions. 9. Reiterating the averments in the counter-affidavit and findings of the learned single Judge, Ms.M.Sneha, learned Government Pleader submitted that the subject Micro-Biology is not recognised as equivalent to any of the Science subjects and therefore, the case of the Appellant could not be considered for Junior Graduate Assistant (Botany). It was further submitted that the selections were made as per the existing rules of Government of Tamil Nadu and in transparent manner and there was no violation of any statutory provision of law at any stage. 10. Appellant is a degree-holder in Micro-Biology and she has applied for Junior Graduate Assistant post. The prescribed qualifications for Junior Graduate Assistant posts are B.A./B.Sc., Degree in the relevant subject with B.Ed. degree. The subjects Tamil, English, Mathematics, Physics, Chemistry, History, Geography, Botany and Zoology are taught as academic subjects in Government Middle/High/Higher Secondary Schools and the vacancies for these posts were notified in the advertisement of the Board. Stand of Government is that subject Micro-Biology is not recognised as equivalent to any of the science subjects specified by the Government for the post of Science Teachers. When viewed with the context of G.O.Ms.No.254 dated 210. 1998, the stand of Government does not merit acceptance. 11. While considering the proposal of Bharathiyar University, Government clarified that B.Sc. Micro-Biology would be equivalent to Botany/Zoology for the purpose of employment and for the post of graduation. The relevant portion of G.O.Ms.No.254 dated 210. 1998 reads as under:- Viewed in the context of the above said Government Order, there is no impediment for taking B.Sc. Micro-Biology as equivalent to B.Sc., Botany/Zoology. 12. By the letter (G) No.71 School Education dated 06.06.2002, Secretary to Government has written to the Director of School Education clarifying that there is no impediment for appointing Graduates in Bio-Chemistry with B.Ed. as Science Graduate Teacher. Likewise in the guidelines and procedure for admission to B.Ed./M.Ed./M.Phil (Edn)/Ph.D (Edn) courses for the year 2005-2006 it was clarified that candidates who have done their U.G. Degree in Micro-Biology can apply Biology optional in B.Ed. as Science Graduate Teacher. Likewise in the guidelines and procedure for admission to B.Ed./M.Ed./M.Phil (Edn)/Ph.D (Edn) courses for the year 2005-2006 it was clarified that candidates who have done their U.G. Degree in Micro-Biology can apply Biology optional in B.Ed. The relevant portion of the said guidelines reads as under:- "Candidates who have done their U.G. Degree in Applied Chemistry, Bio-Chemistry or Applied Physics can apply for Chemistry and Physics optional respectively in B.Ed., those who have done Environmental Science and Micro-Biology can apply Biology optional in B.Ed. and similarly candidates with Applied Geography in UG degree can apply for Geography optional." 13. By the order dated 29.04.2008, in W.P.No.24953/2007 one of us [N.P.V.,J] had an occasion to consider the similar matter where Teachers Recruitment Board refused to consider the candidate who passed B.Sc., (Bio-Chemistry) for B.T. Assistant (Science) selection. In the said case, Teachers Recruitment Board was directed to consider the said candidate for selection treating the Petitioner as qualified in terms of G.O.Ms.No.254 P & AR dated 210. 1998 for B.T. Assistant (Science). Again in W.P.No.38078/2004 dated 210. 2008, one of us [N.P.V.,] has directed the Joint Director of School Education to treat B.Sc-Bio-Chemistry as eligible to be promoted as B.T. Assistant (Science) as Writ Petitioner possessed B.Sc. Chemistry which is equivalent degree of B.Sc. Chemistry. For passing the said directions, in both the Writ Petitions, the learned single Judge has referred to G.O.Ms.No.254 P & AR dated 210. 1998. 14. While considering the case of the Appellant who is a graduate in Micro-Biology, Respondents ought to have considered B.Sc. Micro-Biology as equivalent to Botany in the light of G.O.Ms.No.254 dated 210. 1998 and treated the subject equivalent to degree in Botany/Zoology. Ofcourse, G.O.Ms.No.254 dated 210. 1998 was not brought to the notice of the learned single Judge. Case of the Appellant was not considered in the light of the Government Order then in force and in such view of the matter, the order of the learned single Judge cannot be sustained. 15. The next point falling for consideration is in the light of the above conclusion what further direction needs to be given. Based on the merit and communal reservation, candidates were short-listed for certificate verification was published on 012. 2006. The final merit-cum-communal roster of provisionally selected candidates was published on 12.01.2007. 15. The next point falling for consideration is in the light of the above conclusion what further direction needs to be given. Based on the merit and communal reservation, candidates were short-listed for certificate verification was published on 012. 2006. The final merit-cum-communal roster of provisionally selected candidates was published on 12.01.2007. List of selected candidates in the first and second round of selection were also sent to the appointing authorities of various departments for placements. Therefore, at this stage, re-examination for the Appellant practically not possible. However, Appellant is to be considered in future recruitment. 16. In the result, the order of the learned single Judge in W.P.No.3923/2007 dated 27.08.2008 is set aside and this Writ Appeal is allowed. Respondents are directed to consider the Appellant for the post of Science Graduate Teacher [Botany] in the light of G.O.Ms.No.254 School Education (D2) Department dated 210. 1998 for future recruitment. When the Appellant makes such application, the age will not be a bar. Consequently, connected M.P.No.1/2009 is closed. No costs.