Judgment :- 1. The petitioner belongs to schedule caste community and passed higher secondary course in March 1997. The petitioner qualified the Diploma in Teachers Education in July 2001, and got himself registered with the employment exchange, Villupuram on 18.11.2001. 2. The petitioner submits that he is fully eligible for appointment to the post of Secondary Grade Teacher in Panchayat Union schools as well as in Adidravida Welfare schools. The Director of Adidravida Welfare, Chennai, vide Order Na.Ka.No.A3/ 46557/97 dated 01.07.2001, issued instructions to all the District Welfare Officers to appoint Secondary Grade Teachers from the eligible graduate teachers against the existing vacancies, to be filled up in various schools. 3. The number of Government orders were issued from time to time, stipulating that the post of Secondary Grade Teachers be filled up, only from the eligible Diploma holders in education, and in case there is no eligible hand available, the department could resort to appointment from graduate teachers. 4. It is pleaded case of the petitioner, that there were no eligible Secondary Grade Teachers available, having Diploma in Teachers education for appointment to the post of Secondary Grade Teacher, therefore, Government issued orders to permit the graduate teachers to be appointed as Secondary Grade Teachers. The situation was changed thereafter, but inspite of this, the graduate teachers were appointed to the post of Secondary Grade Teachers in total violation of Government orders. 5. The petitioner has not challenged the appointment of any graduate teachers in this petition, who may have been appointed in violation of the Government order. 6. It is the submission of petitioner, that Government issued instructions to private schools to terminate graduate teachers. The instructions issued by Government were challenged in this Court in W.A.No.991 to 999 of 1998 etc. The writ appeals were dismissed, holding that the appointment of graduate teachers was not valid. 7. This Court, while dismissing the writ appeals, held that though the appointments were not valid, but the teachers already appointed be not caused any hardship. Those teachers were allowed to be absorbed by taking into consideration the individual qualification of each teacher. 8. The submission of petitioner is that the post of Secondary Grade Teachers could not be filled up by graduate teachers, if eligible secondary grade teachers were available. 9. The further submission of petitioner is that there were 60 vacancies of Secondary Grade Teachers available in various schools.
8. The submission of petitioner is that the post of Secondary Grade Teachers could not be filled up by graduate teachers, if eligible secondary grade teachers were available. 9. The further submission of petitioner is that there were 60 vacancies of Secondary Grade Teachers available in various schools. Instructions were issued to fill up those posts in October 2001, but the second respondent did not take any steps to fill up those posts, from eligible secondary grade qualified teachers. 10. The petitioner, therefore, submits that the respondent with ulterior motive failed to appoint secondary grade teachers, by calling particulars from the Employment Exchange. On the other hand, the 2nd respondent is insisting, that the graduate teachers be appointed to the post of secondary grade teachers. These directions, besides being illegal, have resulted in denying employment opportunity to the petitioner. 11. It is the submission of petitioner that the 2nd respondent is proceeding to appoint graduate teachers, as secondary grade teachers in violation of the settled law. 12. As already mentioned herein above, there is no notification under challenge in this Court, vide which applications may have been invited from the graduate teachers. On the other hand, the prayer made in this writ petition is that direction be issued to the respondents to appoint petitioner as secondary grade teacher in the Adidravidar Welfare schools, Villupuram District, based on his seniority of registration in employment exchange. 13. This prayer cannot be accepted. This Court, in exercise of writ jurisdiction, cannot issue direction to the State Government, to appoint any person, just because he is eligible. This Court can only direct consideration for appointment along with all other eligible persons, as and when posts are being filled up by the State Government in case the petitioner is not considered in response to his application. 14. Allegations of malafide are also totally vague and do not deserve to be taken note of, as no person has been impleaded as party against whom the allegations of malice are made. The allegations are also vague and not specific. 15. Consequently, this writ petition, as framed being totally misconceived, is ordered to be dismissed. No costs.