Madras High Court
The Chairman vs D.Selvakani on 2 March, 2021
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 02.03.2021
CORAM:
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA
AND
THE HONOURABLE MRS.JUSTICE S.KANNAMMAL
W.A(MD)NO.1424 OF 2014
and
M.P(MD)No.2 of 2014
1.The Chairman,
The Teachers Recruitment Board,
D.P.I Complex,
Egmore,
Chennai.
2.The Director of School Education,
Chennai -6.
3.The Director of Elementary Education,
Chennai-6. :Appellant/Respondents 1 to 3
.vs.
1.D.Selvakani
2.The University Grants Commission,
represented by its Chairman,
New Delhi – 110 005. :First Respondent/Petitioner
3.The Indira Gandhi Institute of Higher Education,
represented by its Secretary,
Holy Cross Campus,
Thadagam,
Kannvai,
Coimbatore – 641 108. :Respondents 2 and 3/Respondents
4 and 5
PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent
praying this Court to set aside the order passed by this Court in
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2
W.P(MD)No.8488 of 2007, dated 21.02.2014.
For Appellants :Mr.VR.Shanmuganathan
Special Govt.Pleader
For Respondent-1 :Mrs.Porkodi Karnan
For Respondents : No appearance
2 and 3
JUDGMENT
*************
[Judgment of the Court was made by PUSHPA SATHYANARAYANA,J.]
This Writ Appeal is filed by the Teachers Recruitment Board
aggrieved by the order of the learned Single Judge made in
W.P(MD)No.8488 of 2008, dated 21.02.2014.
2.The Writ Petitioner, who is the first respondent in the Writ
Appeal, had filed the Writ Petition praying for issuance of a Writ of
Certiorarified Mandamus calling for the records pertaining to the
order passed by the first respondent therein and to quash the same
and direct the respondents to select and appoint the Petitioner as a
Project Coordinator and Block Resource Teacher Educator in Tamil.
3.The Writ Petitioner was qualified with M.A degree in
Madurai Kamaraj University and completed her M.Phil Course in
the year 2002 and has passed the B.Ed Course in Indira Gandhi
Institute of Higher Education, Coimbatore in May 2005 and she has
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registered her name with the Dindigul Employment Office in the
year 2000. Whileso, the first respondent had called for direct
recruitment to the post of Project Co-ordinator and Block Resource
Educator in Tamil. As the Writ Petitioner was fully qualified for the
said post, she had applied for the same and she attended the
Certificate Verification with her original certificates. However, she
was not selected and there was no reason assigned for not
selecting her. Therefore, she preferred the above Writ Petition
challenging the non-selection of the Petitioner for appointment to
the said post.
4.The appellants herein had filed a counter affidavit and
contended that the Writ Petitioner's non-selection was on the
ground that the B.Ed degree which was obtained by her was
through one Indira Gandhi Institute of Higher Education,
Coimbatore, which is an unrecognized University. The degree
certificate obtained by her from the said institution cannot be
considered as an educational qualification. Therefore, the only
question that has to be now decided is whether the B.Ed degree
obtained by the first respondent herein from the Indira Gandhi
Institute of Higher Education, Coimbatore is legally sustainable.
The learned Single Judge had held that the said Indira Gandhi
Institute of Higher Education, Coimbatore is shown as one of the
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recognized institution and based on the said fact, had approved
the qualification of the Writ Petitioner and allowed the Writ Petition
and and a direction was given to appoint her in the vacancy that
was reserved in the interim direction granted by this Court. Now
the said order granted by this Court is put to challenge in this
Writ Appeal.
5.The learned Special Government Pleader appearing for the
appellants would produce the list of institutions offering B.Ed
degree in the State of Tamil Nadu approved by the National
Council for Teacher Education. It is pointedly argued by the
learned Special Government Pleader that the institution from
where the Writ Petitioner qualified herself, does not find a place in
the said list. The said list was issued by the National Council for
Teachers Education.
6.The learned counsel for the first respondent also had
furnished a list of colleges affiliated to the Tamil Nadu Teachers
Education University and the college in which the Writ
Petitioner/first respondent herein qualified from, is shown in S.No.
11 with College Code as 10313.
7.The learned Special Government Pleader appearing for the
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appellants pointed out that the said University itself was
established under the TamilNadu Teachers Education University
Act, 33 of 2008. Even presuming that the college is affiliated,
whether the course offered as B.Ed is recognized has to be
established by the Writ Petitioner.
8.A perusal of the degree certificate produced by the first
respondent/Writ Petitioner would go to show that for the
examination written by the Writ Petitioner in the month of May
2005, degree was issued on 16.6.2006. Even presuming that the
college which the first respondent has studied from, is affiliated,
the affiliation is only after the University itself is established. When
the University itself is established in the year 2008, it is not
possible for the said Indira Gandhi Institute of Higher Education,
Coimbatore to get affiliation on the date when the first respondent
passed her examination in B.Ed Course. Therefore, on that day
when the first respondent had qualified herself, it is from a un
recognized College without any affiliation from any of the
recognized Universities. Therefore, the first respondent cannot be
said to have possessed the requisite qualification of B.Ed degree
for the said post of Project Coordinator and Block Resource
Educator in Tamil and she does not deserve the right of being
appointed to the said post at that point of time.
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9.In the light of the above discussion, the order of the learned
Single Judge made in W.P(MD)No.8488 of 2008, dated 21.2.2014 is
set aside and the Writ Appeal stands allowed. No costs.
Consequently, connected Miscellaneous Petition is closed.
[P.S.N.,J.] & [S.K.,J.]
02.03.2021
Index:Yes/No
Internet:Yes/No
vsn
Note :
In view of the present lock
down owing to COVID-19
pandemic, a web copy of
the order may be utilized
for official purposes, but,
ensuring that the copy of
the order that is presented
is the correct copy, shall be
the responsibility of the
advocate / litigant
concerned.
To
The Chairman,
University Grants Commission,
New Delhi – 110 005.
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PUSHPA SATHYANARAYANA J.
AND
S.KANNAMMAL, J.
vsn
JUDGMENT MADE IN
W.A(MD)NO.1424 OF 2014
and
M.P(MD)No.2 of 2014
02.03.2021
http://www.judis.nic.in
