Madras High Court
N.R.Maheswari vs The Teachers Recruitment Board on 5 March, 2021
W.P.(MD)No.22192 of 2017
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 05.03.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P.(MD)No.22192 of 2017
and
W.M.P.(MD).Nos.23349 of 2019 and 18497 of 2017
N.R.Maheswari .. Petitioner
Vs
1.The Teachers Recruitment Board,
rep. by Member Secretary,
Government of Tamil Nadu,
4th Floor, E.V.K.Sampath Malligai,
D.P.I.Campus,
College Road, Chennai-600 006.
2.The Secretary to Government,
Government of Tamil Nadu,
Personnel and Administrative Department,
Secretariat,
Chennai-600 009. .. Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of
India to issue a Writ of Mandamus, directing the
1/6
https://www.mhc.tn.gov.in/judis/
W.P.(MD)No.22192 of 2017
For Petitioner : Mr.P.Thirumahilmaran
For Respondents : Mr.V.R.Shanmuganathan
Special Government Pleader
ORDER
This petition has been filed, seeking to direct the 1st respondent to
appoint the petitioner for the post of Junior Grade
Assistant/Educator/Block Resource Teacher based upon the judgment in
W.P.No.2256 of 2006 dated 15.11.2010 from the original seniority
consequently pay all other service benefits.
2. The case of the petitioner is that the petitioner completed
Bachelor Degree in Physics on April 1991 and finished M.Ed., degree in
the year 1993. Thereafter, the petitioner appeared for the Teachers
Recruitment Board examination conducted by the first respondent during
the year 2005-2006 for the post of Junior Grade Assistant and passed in
the examination and a call letter was issued to the petitioner to appear
before the first respondent for certificate verification. Accordingly, the
https://www.mhc.tn.gov.in/judis/
W.P.(MD)No.22192 of 2017
petitioner appeared for certification verification, however, the first
respondent did not select the petitioner on the ground that she possessed
only M.Ed., instead of B.T or B.Ed., degree by the recognized University.
Challenging the said same, the petitioner filed W.P.No.2256 of 2006 for
directing the respondent appoint the petitioner in the post of Junior Grade
Assistant/Educator/Block Resource Teachers in the Government
Middle/High/Higher Secondary School. This Court, by its order, dated
15.11.2010 disposed of the writ petition with a declaration that the
master degree in educational technology obtained by the petitioner is
equivalent to the M.Ed., awarded by any other University. It is more than
a B.Ed., or B.T. qualification and the petitioner is entitled for selection
process in the future vacancy. Hence, the petitioner sent a representation
on 21.11.2015 to the respondents in this regard. But, so far the said
representation was not considered. Hence, this writ petition.
3. Learned counsel for the petitioner would submit that it would
suffice, if the representation of the petitioner dated 21.11.2015 is
disposed of by the respondents at the earliest.
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W.P.(MD)No.22192 of 2017
4. Learned Special Government Pleader appearing for the
respondents would submit that the prayer in this writ petition and the
earlier writ petition filed by the petitioner is one and the same and
already this Court has declined the said prayer. Now, the petitioner has
come up with the same prayer before this Court, is not maintainable.
Further the recruitment process was already over and the appointment is
not based on the employment seniority and it is based on the competitive
examination conducted by the Teachers Recruitment Board. Though this
Court has held that M.Ed., degree is valid with the degree of B.Ed., or
B.T qualification, the petitioner shall participate in the future selection
process conducted by the Teachers Recruitment Board. Hence, he prays
for dismissal of this writ petition.
5. Considering the facts and circumstances of the case, as rightly
pointed by the learned Special Government Pleader, the prayer in this
writ petition and the prayer in the earlier writ petition is one and the same
and admittedly, the prayer was already rejected by this Court in the
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W.P.(MD)No.22192 of 2017
earlier writ petition. However, this Court has held that M.Ed., degree
awarded by any University is equivalent to B.Ed., degree and thus, this
Court has only validated the degree obtained by the petitioner and not
granted the prayer sought for by the petitioner. Hence, the prayer sought
for in this writ petition is misconceived. However, the petitioner is at
liberty to participate in the future selection process.
6. With the above direction, this Writ Petition is disposed of. No
costs. Consequently, connected miscellaneous petitions are closed.
05.03.2021
Index:Yes/No
Internet:Yes/No
PJL
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.
https://www.mhc.tn.gov.in/judis/
W.P.(MD)No.22192 of 2017
M.DHANDAPANI,J.
PJL
To
1.The Teachers Recruitment Board,
rep. by Member Secretary,
Government of Tamil Nadu,
4th Floor, E.V.K.Sampath Malligai,
D.P.I.Campus,
College Road, Chennai-600 006.
2.The Secretary to Government,
Government of Tamil Nadu,
Personnel and Administrative Department,
Secretariat, Chennai-600 009.
W.P.(MD).No.22192 of 2017
05.03.2021
https://www.mhc.tn.gov.in/judis/
