Judgment : 1. Heard both sides. 2. The Teachers Recruitment Board, first respondent herein, issued a notification in Advertisement No.02/2012 on 27.02.2012 calling for applications for direct recruitment to the vacancies for the year 2012 for the post of Lecturer (Engineering / Non-Engineering) for Government Polytechnic Colleges. 3. We are concerned with the Non-Engineering post, namely, Lecturer (English). There are also other Non-Engineering posts, namely, Lecturer in Mathematics, Physics and Chemistry. There are 19 vacancies in the post of Lecturer (English). 4. The minimum qualification for the post of Lecturer is prescribed under clause 4(B) of the notification and the same is extracted hereunder: “4. (B) EDUCATIONAL QUALIFICATION: (i) Lecturer in Engineering Subjects: Candidates should possess the following qualifications on the date of Notification viz., 27.02.2012 A First Class Bachelor's Degree in the Branch of Engineering relating to the post concerned. (ii) Lecturer in Non-Engineering Subjects (English, Mathematics, Physics, Chemistry): A First Class Master's Degree in the appropriate Branch of Study.” 5. The petitioner holds first class Master's degree in English. It is not in dispute. She did not study B.A. (English) (Lit), but studied only B.Sc., (Chemistry). 6. While there is a bar for the students in Arts stream to take Science subject at the P.G. Level, there is no such bar for the Science students to take language at the P.G. Level. That is, a person who has done his B.Sc., (Mathematics) etc., is not eligible to pursue his study in M.Sc., Physics or Chemistry etc. But a person who passed science stream at graduation level, can also study M.A. (Tamil) (Lit), M.A. (English) (Lit) etc. Therefore, it is not in dispute that the petitioner has obtained a valid P.G. Degree in English. 7. Further, as per the notification issued by the Teachers Recruitment Board, one should possess a First Class Master's Degree in the appropriate subject and there is no requirement that the candidate should also possess Bachelor's degree in the same subject in the case of English. But in the case of Mathematics, Physics and Chemistry, it is implied that he should have studied Under Graduate course in those subjects, otherwise he could not be admitted in Post Graduate in those subjects. That is, as per the notification, the petitioner is an eligible candidate. 8. But in the case of Mathematics, Physics and Chemistry, it is implied that he should have studied Under Graduate course in those subjects, otherwise he could not be admitted in Post Graduate in those subjects. That is, as per the notification, the petitioner is an eligible candidate. 8. It is not stated in the notification that the candidate should also have passed B.A. (English) (Literature) to become eligible to apply for the post. If such a notification is made, the petitioner could not have even applied. The petitioner has called to appear for written examination and accordingly, she has also appeared and successful in the written examination. Thereafter, she was called to appear for certificate verification by the recruiting agency, namely Teachers Recruitment Board, by its letter dated 09.07.2012. 9. In the aforesaid letter dated 09.07.2012, the petitioner was directed to appear on 22.07.2012 for certificate verification. Paras 2 and 3 of the said letter are extracted hereunder: “TAMIL” 10. Even in the said letter dated 09.07.2012, the Teachers Recruitment Board did not require the petitioner to produce a certificate that she passed B.A. (English) (Literature) also. But she was asked to produce the certificate for B.A. (English). Since she did not produce the same, she was not selected. Hence, she has filed this writ petition seeking for direction to appoint her as Lecturer (English) in any one of the Government Polytechnic College functioning under the second respondent. 11. Counter affidavit is filed by the respondents. It is stated therein that since G.O.Ms.No.720, Education Department, dated 28.04.1981 and also as per the amendment made to the rules pursuant to G.O.Ms.No.361, School Education Department, dated 31.12.1999, candidate for the post of Post Graduate Assistant, should have obtained a Master's degree and Bachelor's degree in the same subject or its equivalent in respect of which recruitment is made. The relevant passage in para 7 of the counter affidavit is extracted hereunder: “7.......... It is pertinent to submit that even for the post of P.G. Assistants as per G.O.Ms.No.720, Education, dated 28th April 1981 (Annex) and as per Amendment made in G.O.361, School Education Department, dated 31.12.1999, the candidates should have studied the same subject in Bachelor's degree and Master's degree both for academic subjects and languages.” 12. It is pertinent to submit that even for the post of P.G. Assistants as per G.O.Ms.No.720, Education, dated 28th April 1981 (Annex) and as per Amendment made in G.O.361, School Education Department, dated 31.12.1999, the candidates should have studied the same subject in Bachelor's degree and Master's degree both for academic subjects and languages.” 12. The learned Additional Government Pleader has produced G.O.Ms.No.361, School Education Department, dated 31.12.1999 making amendment under Article 309 of the Constitution of India to the Special Rules for the Tamil Nadu Higher Secondary Educational service. Para 2 of G.O.Ms.No.361 is extracted hereunder in this regard: “2) Accordingly the following Notification will be published in the Tamil Nadu Government Gazette. NOTIFICATION In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, the Governor of Tamil Nadu hereby make the following amendments to the Special Rules for the Tamil Nadu Higher Secondary Educational Service (Section 37 in Volume II of the Tamil Nadu Services Manual 1969). 2. The amendments hereby made shall come into force on 31st day of December, 1999. AMENDMENTS In the said Special Rules, in the Annexure, against the entry “Post Graduate Assistants in Academic subjects” in column (1), - (a) for the entries “Direct recruitment and Recruitment by transfer” in column (2) the entry “Recruitment by Transfer” shall be substituted. (b) after the entry “Recruitment by transfer” as so substituted, the following entries in column (2) and (3) shall, respectively, be added, namely:- (i) Must have obtained a Master's degree and Bachelor's degree in the same subject or its equivalent in respect of which recruitment is made; and (ii) B.T., or B.Ed., degree of a University in the State or a teaching degree of equivalent standard.” 13. Higher Secondary (+2) education system was introduced in 1978. The Special Rules for the Tamil Nadu Higher Secondary Educational Service was framed in G.O.Ms.No.720, Education Department, dated 28.04.1981. At that time, even the B.T. Assistants in High School were used to handle Higher Secondary classes. Thereafter, amendment to the said service rules was made by G.O.Ms.No.361, Education Department, dated 31.12.1999. The amended rules requires that the Post Graduate Assistant appointed in service should possess Master’s Degree and Bachelor's Degree in the academic subject. But firstly, for the Post Graduate Assistants in Tamil and English, no such condition was prescribed. Thereafter, amendment to the said service rules was made by G.O.Ms.No.361, Education Department, dated 31.12.1999. The amended rules requires that the Post Graduate Assistant appointed in service should possess Master’s Degree and Bachelor's Degree in the academic subject. But firstly, for the Post Graduate Assistants in Tamil and English, no such condition was prescribed. In this case, the petitioner is not seeking appointment to the said service. That is, the requirement for appointment to P.G. Assistant in academic subject is that those candidates should possess both Master’s Degree and Bachelor's Degree in the same subject. In fact, in the very beginning of G.O.Ms.No.361, it is stated as follows: “The Government reviewed the qualification prescribed for direct recruitment for the post of “Post Graduate Assistants in Academic Subjects” and after such careful review direct that the qualification for direct recruitment to the post of “Post Graduate Assistants in Academic subjects” should be a Bachelors Degree and a Masters Degree in the subject in respect of which recruitment is made. They should also possess B.T., or B.Ed., degree.” 14. Today, a written instruction is also produced by the learned Additional Government Pleader, signed by the Commissioner of Technical Education and the relevant passage is extracted hereunder: “In this department the vacant post of Lecturers are filled up through Teachers Recruitment Board by Direct Recruitment. The Adhoc rules for the post of Lecturer in Non-Engineering subjects was issued in G.O.165 Higher Education (B1) Department, dt.13.6.06. In the said G.O the qualification for the post of Lecturer Non – Engg in Government Polytechnics is as prescribed in the Adhoc Rules which as follows. “No person shall be eligible for appointment to the post, unless he possesses a first class Master's Degree in the appropriate branch of study.” As per the above said Adhoc rules, Master's Degree in the appropriate branch of study is only eligible for the post. It is implied that Bachelor's Degree should also be in the concerned branch. Till date no candidates, with cross major has been appointed either in Government Engineering Colleges or in Government Polytechnic Colleges.” 15. When the Adhoc Rules do not require Bachelor's degree in the same subject for the non-engineering subjects, the underlined portion of the written instruction that ït is implied that Bachelor's Degree should also be in the concerned branch” has no basis. 16. When the Adhoc Rules do not require Bachelor's degree in the same subject for the non-engineering subjects, the underlined portion of the written instruction that ït is implied that Bachelor's Degree should also be in the concerned branch” has no basis. 16. The learned Additional Government Pleader has also produced G.O.Ms.No.165, Higher Education Department, dated 13.06.2006. This Government Order was issued framing adhoc rules for the post of Lecturer (Non-Engineering subjects) under Article 309 of the Constitution of India. Clause 4 of the adhoc rules prescribes qualification and the same is extracted hereunder: “4. Qualification.- (a) Age:- No person shall be eligible to be directly recruited to the post, if he has completed or will complete 57 years of age on the first day of July of the year in which the recruitment for appointment is made. (b) Other qualifications.- No person shall be eligible for appointment to the post, unless he possesses a first class Master's Degree in the appropriate branch of study.” Clause 4(b) of the adhoc rules makes it very clear that one should possess a first class Master’s Degree in the concerned subject. That is, there is no requirement that the candidate should have possessed Bachelor's degree also in English (non-engineering subject). 17. When the Teachers Recruitment Board issued notification calling for applications, in Clause 4 it is stated that the candidate should possess a first class Master's degree in the concerned subject. There is no prescription that the candidate should possess a Bachelor's degree in the same subject. This is in accordance with the adhoc rules framed under G.O.Ms.No.165. But the Commissioner of Technical Education has stated in the written instruction that the Bachelor's degree also should be in the concerned Branch, which has no merit. 18. I am not able to agree with the stand taken by the Commissioner of Technical Education and there is no implication in G.O.Ms.No.165 requiring graduation in the same subject. In my view, the written instruction of the Commissioner of Technical Education referred to above, in para 14 of this judgment is contrary to G.O.Ms.No.165. Hence, I am of the view that the petitioner is eligible for appointment to the post of Lecturer in Non-Engineering subjects in Government Polytechnic College as per the adhoc rules issued in G.O.Ms.No.165 and also as per the notification of the Teachers Recruitment Board as stated above. 19. Hence, I am of the view that the petitioner is eligible for appointment to the post of Lecturer in Non-Engineering subjects in Government Polytechnic College as per the adhoc rules issued in G.O.Ms.No.165 and also as per the notification of the Teachers Recruitment Board as stated above. 19. Accordingly, a direction is issued to the respondents to consider the petitioner for appointment, if she is otherwise eligible and she cannot be denied appointment on the sole ground that she does not possess a Bachelor's Degree in English and pass orders, within a period of four weeks from the date of receipt of a copy of this order. 20. The writ petition is disposed of with the above observation and direction. No costs. Consequently, connected miscellaneous petition is closed.