R. Latha v. The Director Of School Education & Others
2009-12-21
K.N.BASHA
body2009
DigiLaw.ai
Judgment Mr. V. Rajesekaran, learned Special Government pleader takes notice for the respondents. By consent of both the parties, the main writ petition itself is taken up for final disposal. 2. The petitioner has come forward with this writ petition seeking for a relief of writ of Mandamus to direct the third respondent to include her name, bearing employment Registration No. 540/96 in the list of candidates for the post of Graduate History/English and sponsor her name to the fourth respondent for recruitment of B.T. Assistant for Government Middle / High /Higher Secondary School 2009-2010 through Employment Registration Seniority. 3. The case of the petitioner is that she studied B.A. Economics and also passed B. Ed., in May 1995 in English and Social Studies at Annamalai University and thereafter registered her name in the District Employment officer, Thanjavur on 28.02.1996, bearing Registration No. 540/1996. She renewed her employment registration periodically and the next renewal is due in February 2011. According to the petitioner, the state Government issued a Notification for direct recruitment of B.T. Assistant in the Government Middle / High /Higher Secondary Schools through Employment Seniority. Pursuant to the said Notification, the fourth respondent, in order to fill up 6,522 vacancies of graduate teachers, directed all the District Employment Exchange to furnish the list of B.Ed., qualified candidates to the Teacher Recruitment Board for certificate verification. Accordingly all the District Employment Exchanges prepared the list of candidates in the ratio at 1:5. According to the petitioner, she is eligible for the post of Graduate Teacher in History/English in the Government Middle / High /Higher Secondary Schools. 4. The petitioner submits that on 112. 2009, she has seen a news item in “The Hindu” newspaper which states that the state Government has asked B. Ed., graduates to make use of the verification exercise being carried out by various Employment Exchanges in the state till December 21 for filling up of 6522 posts through the Teacher Recruitment Board. It is further stated that if there is any omission of name of the candidates, the District Employment Exchanges are directed to include the missing names in the live Register and the candidates can get their details verified or rectified with the local Employment Exchanges till December 21.
It is further stated that if there is any omission of name of the candidates, the District Employment Exchanges are directed to include the missing names in the live Register and the candidates can get their details verified or rectified with the local Employment Exchanges till December 21. The Petitioner further submits that though several recruitments were made by the Teacher Recruitment Board from 2001, the third respondent failed to include her name in the Employment Seniority List and failed to sponsor her name for the post of graduate Teachers. In view of the same, the petitioner approached the third respondent on 112. 2009 and made a request to include her name in the list of candidates. The third respondent, in turn, informed the petitioner that they have already furnished the list of eligible candidates to the fourth respondent and did not assign any reason for non-inclusion of her name as per seniority. The third respondent also informed the petitioner since she is possessing degree in Economics and B.Ed., in English and social studies, they could not sponsor her name. 5. The petitioner further submits that the Government in G.O. Ms. No. 263 (School Education, M2 Department) dated 212. 2006 relaxed educational qualification prescribed under Rule 9 of the Tamil Nadu School Education Subordinate Service Rules for 13 candidates and appointed them in the Middle Schools. Therefore, she is fully qualified and as such, she is constrained to file this writ petition. 6. The learned counsel for the petitioner would submit that in spite of the petitioner being qualified and eligible for the post of Graduate Teacher, her name was not sponsored by the District Employment Exchange vez., the third respondent herein. It is contended that the petitioner has already registered her name as early as on 28.02.1996. It is further contended that even though appointments were made right form the said year, the name of the petitioner was not sponsored in spite of her seniority and eligibility. The learned counsel would further submit that the petitioner also made a representation on 112. 2009 and till date there is no response except the oral statement since she is possessing degree in Economics and B.Ed., in English and social studies, her name could not be sponsored. The learned counsel for the petitioner pointed out the Government order in G.O. Ms. No. 263 (School Education, M2 Department) dated 212.
2009 and till date there is no response except the oral statement since she is possessing degree in Economics and B.Ed., in English and social studies, her name could not be sponsored. The learned counsel for the petitioner pointed out the Government order in G.O. Ms. No. 263 (School Education, M2 Department) dated 212. 2006, whereby the Government relaxed educational qualification prescribed under Rule 9 of the Tamil Nadu School Education Subordinate Service Rules for 13 similarly places candidates that of the petitioner and appointed them in the Middle Schools. The learned counsel for the petitioner also brought to the notice of this Court that the lest date for inclusion of the name is fixed as 212. 2009 viz., today. 7. I have heard the submissions of Mr. V. Rajasekaran, learned Special Government pleader appearing for the respondents on the submissions made by the learned counsel for the petitioner. 8. The learned Special Government pleader would submit that if the petitioner is qualified and eligible, her name would have been sponsored by this time by the third respondent and since she is possessing degree in Economics and B.Ed., in English and social studies, her name could not be sponsored. 9. I have carefully considered the rival submissions of the learned counsel for the petitioner and the learned Special Government pleader and perused the materials available on record meticulously. 10. The fact remains that the petitioner studied B.A. Economics and also passed B. Ed., in May 1995 in English and Social Studies and also registered her name in the District Employment office, Thanjavur on 28.02.1996, bearing Registration No.540/1996. It is the claim of the petitioner that in spite of her qualification and eligibility, she was not sponsored by the third respondent to the post of graduate teacher. Though the petitioner said to have approached the third respondent on 112. 2009, the third respondent only orally informed the petitioner since she is possessing degree in Economics and B. Ed., in English and social studies, her name could not be sponsored. The learned counsel for the petitioner relied upon the Government order in G.O. Ms. No. 263 (School Education, M2 Department) dated 212. 2006, whereby the Government relaxed educational qualification prescribed under Rule 9 of the Tamil Nadu School subordinate Service Rules for 13 similarly Places candidates that of the petitioner and appointed them in the Middle Schools.
The learned counsel for the petitioner relied upon the Government order in G.O. Ms. No. 263 (School Education, M2 Department) dated 212. 2006, whereby the Government relaxed educational qualification prescribed under Rule 9 of the Tamil Nadu School subordinate Service Rules for 13 similarly Places candidates that of the petitioner and appointed them in the Middle Schools. In view of the facts and circumstances of the case, this Court is constrained to direct the third respondent to sponsor the name of the petitioner to the fourth respondent herein for the post Graduate Teacher / B.T. Assistant for Government Middle/ High /Higher Secondary School 20092010 the fourth respondent, in turn, is directed to consider the claim of the petitioner and if the petitioner is otherwise qualified and eligible and also in the light of G.O. Ms. No. 263 (School Education, M2 Department) dated 212. 2006, shall select and appoint her as Graduate Teacher / B.T. Assistant for Government Middle/ High /Higher Secondary School 2009-2010. In view of the shortage of time as it is stated before this Court that the list would be finalized today, this Court requested the learned Special Government Pleader to inform the same to respondents 3 and 4 through telephonic message immediately. 11. With the above observation this writ petition is disposed of. No costs.