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2025 DIGILAW 2031 (MAD)

Silambu Vendhan, S/o. Senguttuvan v. Union of India, Rep. by The Secretary to Government of India, Ministry Human Resource and Development

2025-04-08

K.RAJASEKAR, S.M.SUBRAMANIAM

body2025
ORDER : S.M. Subramaniam, J. The writ of hand has been instituted, declaring the re-issue of rules in G.O.Ms No 12 School Education (EE1(1)) Department, dated, 30.1.2020 and G.O.Ms No 13 School Education (S.E3(1)) Department, dated, 30.1.2020 in so far as Graduate Teacher (Tamil) issued by the 2nd respondent as null and void offending the Fundamental Rights of the petitioners and also consequential Clause 6 B of impugned notification No.03/2023, dated, 25.10.2023 in so far as Graduate Teacher (Tamil) issued by the 5th respondent also null and void. 2. The present writ petition has been instituted challenging the Tamil Nadu Elementary Educational Subordinate Service Rules, prescribing educational qualification more specifically, for Tamil. 3. The main ground raised by the petitioners are that as per the impugned new Rules, for recruitment in Tamil Nadu Elementary Educational Subordinate Services and Tamil Nadu Education Subordinate Services, those qualified with B.A(Tamil)/B.O.L/B.Lit/Pulavar Pattayam with TPT are not eligible to be appointed as Graduate Tamil in the State Government. The petitioners who possess the B.Lit and Pulavar Pattayam Degree are ineligible to participate in the process of selection and therefore, they have chosen to challenge the Rules. 4. As per the Rules under challenge, the qualification for appointment to the post of Graduate Teacher in Tamil are as under: II 1. Graduate Teacher (Tamil) By Promotion or by transfer or by direct recruitment (a) Graduation and 2 year Diploma in Elementary Education (by whatever name  known) or Graduation with at least 50% marks and Bachelor in Education (B.Ed) or Graduation with at least 45% marks and Bachelor in Education (B.Ed), in accordance with the National Council for Teacher Education (Recognition Norms and Procedure) Regulations issued from time to time in this regard. or Higher Secondary (or its equivalent) with at least 50% marks and 4-year Bachelor in Elementary Education (B.EI.Ed.) or Higher Secondary (or its equivalent) with atleast 50% marks and 4-year B.A/B.Sc.Ed. or B.A.Ed/B.Sc. Ed or Graduation with atleast 50% marks and B.Ed. (Special Education) and (b) Pass in Teacher Eligibility Test (TET) for direct recruitment. Provided that a person with B.Ed (Special Education) qualification shall undergo, after appointment, an National Council for Teacher Education recognized 6-month special programme in Elementary Education. 5. Prescribing educational qualification, age limit and other criteria for appointment to a post in Government Department is the policy decision of the Government which has been decided based on the expert opinion. Provided that a person with B.Ed (Special Education) qualification shall undergo, after appointment, an National Council for Teacher Education recognized 6-month special programme in Elementary Education. 5. Prescribing educational qualification, age limit and other criteria for appointment to a post in Government Department is the policy decision of the Government which has been decided based on the expert opinion. The employer is empowered to prescribe the educational qualifications, which cannot be questioned merely on the ground that the degree possessed by the petitioners are also equivalent to that of the degree prescribed under the Rules. Even for declaration of equivalence between two Degrees obtained from various Universities across the Country, the Equivalence Committee duly constituted under the Rules has to make a recommendation and the Government has to accept and pass an appropriate order. Only in the event of Government passing an order granting equivalence, a candidate can claim that a particular degree possessed by him is equivalent to that of the degree prescribed for selection or appointment. 6. Prescription of qualification, age limit and other criteria for selection and appointment being prerogative of an employer, the very challenge made relating to educational qualification is misconceived and deserves no merit consideration. 7. The learned counsel for the petitioners would submit that the Government of Andhra Pradesh and Telangana has allowed such Degree as equivalent. However, the comparison of States in the present case would be of no avail, since it is a State Government Service and every State Government is empowered to prescribe educational qualifications, age limit, etc., as per their policy decision. Therefore, comparing the educational qualifications prescribed in another State, the petitioners cannot claim that the same qualification also to be taken into consideration as a valid qualification for appointment to a Government post in the Tamil Nadu Government. 8. Thus, the petitioners have not established any right for the purpose of considering the relief and consequently, the writ petition stands dismissed. There shall be no order as to costs. Consequently, the connected miscellaneous petitions stands closed.