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2010 DIGILAW 4013 (MAD)

G. Gandhiseelan v. The Government of Tamil Nadu

2010-09-03

K.B.K.VASUKI

body2010
Judgment :- 1. The Writ Petition is filed for directing the respondents to appoint the petitioner to the post of Drawing Teacher by filling up all available vacancies in accordance with the New Recruitment Rule framed vide G.O.Ms.No.133 School Education Department dated 14.6.2007. 2. According to the petitioner, he completed his Higher Secondary (HSC) and Technical Teacher course during September 1991 and May 1994 respectively and he underwent in addition six months Free Hand Outline Model Drawing Course. The minimum general educational qualification for the post concerned under old recruitment rules vide G.O.Ms.No.753 dated 16.7.1985 is S.S.L.C and the same is enhanced to H.S.C as per amended G.O.Ms.No.63 dated 20.5.2002 and G.O.Ms.No.133 dated 14.6.2007. The third respondent/Teacher Recruitment Board has during 2009 notified for recruitment of 231 vacancies in the post of Drawing Masters and requested the Directorate of Employment and Training to sponsor the names of qualified persons from the list maintained by the Employment Exchange. In pursuance of the same, the fourth respondent has also issued instructions to send the particulars of those persons who possess the minimum general educational qualification of SSLC and Technical Teacher Certificate. Therefore, the petitioner and the similarly placed persons having minimum general educational qualification(i.e) HSC-Higher Secondary Course waited for getting call letters from the official respondent. While so, they came to know that the persons possessing S.S.L.C were about to be sponsored for appointment to the post concerned, which compelled the petitioner to approach this court for the above stated relief. 3. According to the contesting official respondents, the fifth respondent completed SSLC and Technical Teacher Course during 1982 and 1989. The appointment to the post of Drawing Teacher is governed by Tamil Nadu State and Subordinate Service Rules and as per which, the minimum general educational qualification prescribed under Tamil Nadu State and Subordinate Service Rules is SSLC and Technical Teacher Certificate in drawing. It is contended that the special rules have been framed in G.O. Ms.No.133 dated 14.6.2007 for appointment to various posts in District Institute of Education Training Centre (shortly referred as DIET Centres) and Government Teacher Training Centre. Since no post is available in Elementary, Middle and High and Higher secondary school, the relief sought for by the petitioner by applying the above rule for appointment to the post of Drawing Teacher in Elementary, Middle and High and Higher Secondary Schools is misconceived. 4. Since no post is available in Elementary, Middle and High and Higher secondary school, the relief sought for by the petitioner by applying the above rule for appointment to the post of Drawing Teacher in Elementary, Middle and High and Higher Secondary Schools is misconceived. 4. Heard the rival submissions made on both sides and perused the materials available on record. 5. The short point which arises for consideration in this writ petition is as to whether the minimum general educational qualification prescribed for the post of Drawing Teacher is S.S.L.C or H.S.C? 6. The general minimum educational qualification of the petitioner and the fifth respondent is HSC and SSLC respectively is not disputed. Both the petitioner and the fifth respondent do possess the prescribed Technical Teacher Certificate. In this regard, if the relevant G.O. referred to by the petitioner is looked into the same would support the contention raised on the side of the fifth respondent that the rule so published in G.O.Ms.No.133 dated 14-6-2007 the copy of which is enclosed at pages 18 to 30 of the typed set, is applicable to various posts in DIET Centres and Government Teacher Training centres as per which the minimum general educational qualification for the post of Teachers of Art/Drawing Masters is contained at page 30 of the typed set of papers. 7. It is not in dispute that the vacancies available in the post of Drawing Teacher as sought to be filled up by the fourth respondent board, are in Government Higher Secondary Schools. The Government Order regarding the general educational qualification prescribed under Tamil Nadu State and Subordinate Service Rules was issued in G.O.Ms.No.753 dated 16.7.1985 enclosed at page 1 of the typed set of papers, as per which, the general minimum educational qualification prescribed under Tamil Nadu School Educational Subordinate Service General Rules for the post of Drawing Masters is S.S.L.C. The same is also clearly stated in the communication of the second respondent dated 1.10.2009 forwarded to the third respondent which is enclosed at page 37 and 38 of the typed set of papers. 8. As a matter of fact, identical issue was raised by one Tamil Nadu Kalai Asiriyarkal Nala Sangam rep. 8. As a matter of fact, identical issue was raised by one Tamil Nadu Kalai Asiriyarkal Nala Sangam rep. by its President S.A.Rajkumar and few others in W.P.Nos.19242 and 2752 of 2000 and the relief sought for therein was to set aside the order of the fifth respondent therein who is arrayed as fourth respondent herein and to consequently direct the fifth respondent therein to sponsor all the candidates with SSLC qualification according to the employment exchange seniority so as to enable the Teacher Recruitment Board to select and appoint the persons as Arts Teachers. The fifth respondent has in his proceedings dated 31.7.2009 impugned therein, called for the list of candidates who possess the minimum qualification as Higher Secondary and various other degrees and diplomas from the Employment Exchange for the post of Drawing Teachers and various other posts and one of the proceedings impugned therein is enclosed at page 32 of the present typed set of papers. During the course of hearing in the said writ petition, the learned Government Advocate has brought to the notice of this court the written instruction of the fourth respondent therein dated 22.2.2010 as per which, the Commissioner of Employment and Training has been intimated that the minimum educational qualification prescribed by the Director of School Education for the post of Drawing Teachers coming under the recruitment of Special Teachers is SSLC and the recruitment is to be made in accordance with the guidelines so issued without any deviation and the Commissioner of Employment and Training, Guindy, Chennai was also requested to sponsor the eligible candidates who possess the above mentioned qualification. The High Court has on perusing the said copy of the proceedings and also the copy of the requisition made by the Director of School Education dated 1.10.2009 stating that the qualification prescribed for the post of Drawing Master, Sewing Teacher, Music Teacher was SSLC and not higher secondary, dismissed the writ petition on the ground that the grievance of the petitioners therein was based on misconception by reason of some inter office communication sent by the Commissioner of Employment and Training, Guindy, Chennai and the same was clarified by the fourth respondent Recruitment Board as such, the apprehension raised by the petitioners is unwarranted. The same clarification is also put forth by the official respondents and the fifth respondent herein for the grievance raised by the petitioner herein who possess HSC as minimum general qualification. 9. The relevant G.Os referred to above on both sides would support their respective submissions. As rightly argued by the learned counsel for the respondents, the post of teaches under recruitment process are posts in Higher Secondary School and not DIET centres and the minimum general educational qualification is SSLC and the Technical Teacher certificate as prescribed by the Directorate of School Education in the earlier G.O.Ms.No.753 dated 16.7.1985 and later clarification letter dated 1.10.2009 and the vacancies for which the list of candidates were called for is only for the post of Drawing Master available in higher Secondary school, the other G.O. relied on by the petitioner is not applicable to the recruitment process. As such, the petitioner is dis-entitled to claim any priority for appointment to the post of Drawing Teacher as sought for in this writ petition. 10. In the result, the writ petition fails and the same is accordingly dismissed. No costs. Consequently, connected Miscellaneous Petitions are closed.