Madras High Court
S.Anandhan vs The Government Of Tamil Nadu on 6 July, 2023
W.A.No.3456 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.07.2023
CORAM
THE HON'BLE Mr. JUSTICE R.SURESH KUMAR
AND
THE HON'BLE Mr. JUSTICE K.KUMARESH BABU
W.A.No.3456 of 2019
and
C.M.P.No.22142 of 2019
S.Anandhan ... Appellant
Vs.
1.The Government of Tamil Nadu,
Rep. By the Director for Rehabilitation
of the Disabled,
Chepauk, Chennai – 5,
Tamil Nadu.
2.The Principal Secretary/
State Commissioner for the Disabled,
15/1 Model School Road,
Thousand Lights,
Chennai 600 006,
Tamil Nadu.
3.The C.S.I. Balar Gnana Illam,
Special Education School and Vocational
Rehabilitation Centre for Mentally Challenged,
Rep. By the Bishop,
Hobart Campus, Hasthampatty,
Salem - 636 – 7,
Tamil Nadu.
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W.A.No.3456 of 2019
4.The District Rehabilitation Officer,
Office of the District
Rehabilitation of Handicapped,
Salem, Tamil Nadu.
5.S.Yoburaj ... Respondents
Prayer : Appeal filed under Clause 15 of the Letters Patent Act, against the
order dated 02.11.2018 in W.P.No.10781 of 2009 passed by this Court.
For Appellant : Mr.K.Sukumaran
for Mr.C.Veeraraghavan
For R1, R2 and R4 : Mr.K.V.Sajeev Kumar
Special Government Pleader
For R3 & R5 : No appearance
JUDGMENT
(Judgment of the Court was delivered by R.SURESH KUMAR, J.)
This writ appeal has been directed against the order passed by the
Writ Court dated 02.11.2018 made in W.P.No.10781 of 2009.
2. The appellant was the writ petitioner who was appointed as a
Special Educator in 3rd respondent School in the sanctioned Secondary
Grade Teacher post by order dated 04.06.2008.
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W.A.No.3456 of 2019
3. The said appointment having been forwarded by the 3rd respondent
to the 2nd respondent for approval, the 2nd respondent having considered the
qualification and credentials of the appellant, had refused to approve such
appointment by rejecting the said plea by order dated 24.02.2009.
Challenging the said order, the appellant filed the aforestated writ petition
which was also considered and dismissed by the learned Judge of the Writ
Court by the order impugned.
4. In the order of rejection dated 24.02.2009, the 2nd respondent has
stated the reason for such rejection to the effect that the qualification to hold
the post of Trained Teacher in the Special Schools i.e. Schools for Mentally
Retarded, if it is a High School certain qualifications have been prescribed
and it is a Primary and Middle School some other qualifications have been
prescribed.
5. The 3rd respondent School is the Primary and Middle School, where
the appellant since has been appointed, he must hold the qualification of
having Trained Teachers Certificate of Secondary Grade and also Junior
Diploma in Teaching the mentally retarded.
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W.A.No.3456 of 2019
6. It is the case of the appellant that, the appellant is holding the
qualification of Junior Diploma in Teaching the mentally retarded as per the
certificate issued by the Central Authority concerned, apart from that, he is
having the qualification of B.A. and B.Ed. Degree. Therefore, according to
the learned counsel appearing for the appellant, the appellant is having the
higher qualification than what has been required or prescribed. Therefore
merely the appellant did not have the qualification of Trained Teachers
Certificate of Secondary Grade, her appointment cannot be rejected and it
ought to have been approved.
7. In this context, the learned counsel appearing for the appellant has
relied upon the Proceedings issued by the 2 nd respondent dated 17.01.2008,
where, reference has been made to G.O.Ms.No.213, Social Welfare and
Nutritious (N.9) Food Department dated 14.11.2007 and in the said
Proceeding dated 17.01.2008, certain qualifications have been mentioned for
the purpose of the Teachers to be appointed in Special Schools like the 3 rd
respondent. Therefore, as per the said prescription, since the appellant is
having such a qualification her appointment shall be approved.
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W.A.No.3456 of 2019
8. However, the learned Special Government Pleader appearing for
the respondents 1, 2 and 4 had stated that the copy of the proceedings
issued by the 2nd respondent is for a different purpose and the
G.O.Ms.No.213 is also for a different purpose, therefore that cannot be
relied upon by the appellant side. In order to clear the said doubt, we, by
order dated 03.07.2023, directed the respondents to produce the copy of the
G.O.Ms.No.213 dated 14.11.2007, accordingly the copy of the said G.O.
also has been produced by the learned Special Government Pleader.
9. On perusal, we find that the G.O.Ms.No.213 relates to fixation of
pay on adhoc basis for those teachers who have been working in the Special
Schools till the final fixation is made as a contingency arrangement.
10. Except with regard to the fixation of the pay on temporary basis,
nothing has been stated in the G.O.Ms.No.213.
11. Therefore, the mere reference that has been made by the 2nd
respondent in his Proceedings dated 17.01.2008 would not anyway advance
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W.A.No.3456 of 2019
the case of the appellant to claim that even with the present qualification
what is holding by the appellant, her appointment can be considered and
approved cannot be accepted.
12. In this context, the actual qualification which is a minimum
required qualification for the Secondary Grade Teachers appointed in the
Special Schools especially the 3rd respondent School which is one of the
Primary and Middle School for Mentally Retarded such a qualification has
been prescribed in Annexure V Clause II of the Tamil Nadu Recognised
Private Schools (Regulation) Rules, 1974 in short “the Rules”.
13. In the said Table of qualifications under the heading
“Qualifications for Appointment as Teachers in the Private Special Schools
for the (1) Deaf and Dumb, (2) Blind, (3) Mentally Retarded”, each such
School against which qualifications have been prescribed in Serial No.9 of
the Table. The Teachers in the Special School for the mentally retarded
(Primary and Middle School Standard) has been prescribed, where, the first
qualification is Trained Teachers Certificate of Secondary Grade and the
second qualification is Junior Diploma in teaching the mentally retarded.
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W.A.No.3456 of 2019
14. These are all the two essential qualification which must have one
to get an appointment as a Secondary Grade Teacher in Special Schools for
mentally retarded. These two qualifications since have been prescribed
under the Statue that has been quoted by the 2 nd respondent in the order
impugned before the Writ Court dated 24.02.2009 stating that, among the
two qualification the appellant/writ petitioner is having only the second one
that is the Junior Diploma in teaching the mentally retarded but admittedly
he does not have the qualification of Trained Teacher Certificate of
Secondary Grade.
15. This has been considered by the learned Judge who also found
that, since the writ petitioner/appellant does not have one of the basic
qualification to hold the post, the order impugned before the Writ Court
dated 24.02.2009 passed by the 2nd respondent is to be sustained,
accordingly the writ petition was dismissed by the learned Judge.
16. We do not find any error in the said order of the learned Single
Judge as the basic minimum qualification prescribed under the Statute since
has not been fulfilled by the appellant/petitioner, he is not entitled to seek for
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W.A.No.3456 of 2019
approval of his appointment at the 3rd respondent School and therefore we
feel that no interference is called for in the order impugned of the Writ Court
and hence this appeal fails, accordingly it is dismissed. No costs.
Consequently, connected miscellaneous petition is also dismissed.
(R.S.K., J.) (K.B., J.)
06.07.2023
Index : Yes/No
Speaking Order : Yes/No
Sgl
To
1.The Director for Rehabilitation of the Disabled,
The Government of Tamil Nadu,
Chepauk, Chennai – 5,
Tamil Nadu.
2.The Principal Secretary/
State Commissioner for the Disabled,
15/1 Model School Road,
Thousand Lights,
Chennai 600 006,
Tamil Nadu.
3.The District Rehabilitation Officer,
Office of the District
Rehabilitation of Handicapped,
Salem, Tamil Nadu.
https://www.mhc.tn.gov.in/judis
W.A.No.3456 of 2019
R. SURESH KUMAR, J.
And
K.KUMARESH BABU, J.
Sgl
W.A.No.3456 of 2019
06.07.2023
https://www.mhc.tn.gov.in/judis
