E. Vinoth Kumar v. Chairman Teachers Recruitment Board College Road, Chennai
2013-08-05
D.HARIPARANTHAMAN
body2013
DigiLaw.ai
Judgment : 1. With the consent of both parties, the Writ Petition itself is taken up for final disposal, as the matter lies in narrow compass. 2. Heard both sides. 3. The petitioner applied for Tamil Nadu Teacher Eligibility Test (for short 'TNTET") in the year 2012. The last date for receipt of the application for the said Test was 4.4.2012. The written examinations for Paper I and Paper II were to be held on 3.6.2012. As per the prospectus, the candidates appearing for final year examination of D.T.Ed/B.Ed were also eligible to appear for the Teachers Eligibility Test. 4. At the time of submission of the application, the petitioner was in possession of a U.G.Degree in Chemistry and was studying II Semester of B.Ed., course. Based on the prospectus, he appeared for the TNTET-2012 examination. He obtained 93 marks in the aforesaid TNTET-2012 examination. 5. As per Clause 8 of the prospectus, if a person secures 60% or more in the said examination, he will be considered as pass in the Teachers Eligibility Test, i.e., if a person obtained 90 marks out of 150 marks, he is considered as pass in TNTET -2012. The petitioner secured 93 marks and therefore he has passed TNTET-2012. 6. However, the petitioner was not given Teachers Eligibility Certificate by the respondents on the ground that he failed in B.Ed., examination, when he appeared for B.Ed.,examination during May 2012 and the results of the B.Ed., were published in August 2012. 7. According to the petitioner, he passed B.Ed., Course in January 2013 in the examination conducted during December 2012. It is the case of the petitioner that after passing the B.Ed., examination, he is entitled to get Certificate of pass in TNTET-2012. Since the Teacher Eligibility Certificate was not given to him, he has approached this Court by filing the present Writ Petition seeking for a direction to the first respondent to provide Teacher Eligibility Certificate for appointment as Graduate Teacher (B.T.Assistant) under the control of the second respondent. 8. In the prospectus issued for TNTET-2012 examination, it is silent as to providing the Certificate in a situation that has arisen in cases like this. But, in the Prospectus issued for TNTET-2013, there is a relevant clause and it reads as follows: "3. Eligibility to write TET Paper II:....
8. In the prospectus issued for TNTET-2012 examination, it is silent as to providing the Certificate in a situation that has arisen in cases like this. But, in the Prospectus issued for TNTET-2013, there is a relevant clause and it reads as follows: "3. Eligibility to write TET Paper II:.... b. Candidates appearing for the Final Year Examination of B.Ed., during the current Academic year (2012-2013) are also permitted to appear for Paper II in Teacher Eligibility Test. Such candidates should have successfully completed the course in the Current Academic Year (20122013) itself and should produce B.Ed Certificate during Certificate Verification, otherwise they shall be considered for current year Government recruitment process. However, they may be issued with TET Certificate after producing B.Ed., Degree Certificate. (Emphasis supplied)" 9. Considering the said principle, I am of the view that the petitioner is entitled to be issued with Teacher Eligibility Certificate as he has passed the TNTET-2012 examination. 10. Accordingly, the Writ Petition is allowed and the first respondent is directed to issue the Teacher Eligibility Certificate on production of B.Ed., Degree Certificate by the petitioner. The first respondent is directed to give the Teacher Eligibility Certificate within a period of one week after producing the B.Ed., Certificate. No costs. The connected Miscellaneous Petition is closed.