Madras High Court
M.Margaret Vimali vs The Secretary To The Government Of ... on 1 September, 2023
W.P.No.26796 of 2012
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.09.2023
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
W.P.No.26796 of 2012
M.Margaret Vimali ... Petitioner
-Vs-
1. The Secretary to the Government of Tamilnadu,
School Education Department,
Fort St.George, Chennai – 600 009.
2. The Director of Elementary Education,
College Road,
Chennai – 600 006.
3. The Director of Teacher Education,
Research and Training,
Kamarajar Salai, Chennai – 600 006.
4. The District Elementary Education Officer,
Krishnagiri,
Krishnagiri District. ... Respondents
Prayer:- Writ Petition filed under Article 226 of Constitution of India
for the issuance of Writ of Mandamus, directing the third respondent
herein to evaluate the Diploma Certificate of the petitioner obtained from
the Karnataka Secondary Education Board, taking into consideration of
the Judgment of the Division Bench of this Hon'ble Court in W.A.No.930
of 1998 dated 19.10.2005 and also the Batch of Writ Petition in W.P.No.
Page 1 of 6
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W.P.No.26796 of 2012
11770 of 2000 dated 20.02.2007.
For Petitioner : Mr.V.Kasinatha Bharathi
For Respondents : Mr.L.S.M.Hasan Fizal
Additional Government Pleader
ORDER
This Writ Petition has been filed for direction directing the third
respondent to evaluate the Diploma Certificate of the petitioner obtained
from the Karnataka Secondary Education Board and to pass orders.
2. Heard the learned counsel for the petitioner and the learned
Additional Government Pleader for the respondents and perused the
materials available on record.
3. The petitioner had applied for the post of Secondary Grade
Teacher and she got selected for the post of Secondary Grade Teacher.
After completion of two years of service, she was transferred to RC
Fathima Primary School, Krishnagiri. Her service in the cadre of
Secondary Grade Teacher was regularized on 02.08.2001. She had also
attained Selection Grade in the said post. After completion of 10 years of
service, she was sanctioned necessary pay for Special Grade from
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W.P.No.26796 of 2012
02.08.2001. She had produced all the original Educational Certificates
on 23.08.2004 for the purpose of evaluation sought by the second
respondent. It was found bogus and she was issued show cause notice.
Without being satisfied with the explanation, she was suspended from
service on 28.02.2012. It was contended that the evaluation certificate
could not have been given by the second respondent, since she had
obtained less than 50% in three subjects during the first year course
examination and also in one subject less than 50% in the final
examination.
4. Therefore, as per the norms in the Board, only if the candidates
secure 50% of marks, they are entitled to get the evaluation certificate.
She also referred the Government Order in G.O.Ms.No.1196 Education
Department dated 03.12.1992 and G.O.(2D).No.284, Education
Department dated 15.12.1995, with regard to evaluation of the certificate
produced by the candidates, who have studied in Karnataka State. When
there is a specific order of the Government to give relaxation in respect
of candidates who have secured less than 50% and followed by that both
the candidates were given relaxation by the Government order and they
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W.P.No.26796 of 2012
were taken as a Secondary Grade Teachers. She also claimed the said
relaxation from the minimum criteria of 50%. Therefore, the petitioner
made a representation.
5. A perusal of the counter filed by the third respondent revealed
that the petitioner had not obtained the mandatory 50% of marks in three
subjects in the first year examination and one subject in the second year
examination conducted by the Karnataka Secondary Education
Examination Board. The evaluation certificate submitted by the
petitioner has not been issued by the Director of Teacher Education
Research and Training, Chennai. Therefore, it was subjected for
verification and found that it was fake. Further, the relaxation granted to
two persons vide G.O.(2D).No.284, Education Department dated
15.12.1995 was subsequently cancelled by G.O.(2D).No.100, School
Education dated 29.12.1997.
6. Therefore, the direction sought for in this petition cannot be
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W.P.No.26796 of 2012
granted and this writ petition is devoid of merits and is liable to be
dismissed. Accordingly, this writ petition stands dismissed. No costs.
01.09.2023
Internet : Yes
Index : Yes/No
Speaking order/Non-speaking order
mn
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W.P.No.26796 of 2012
G.K.ILANTHIRAIYAN, J.
mn
To
1. The Secretary to the Government of Tamilnadu,
School Education Department,
Fort St.George, Chennai – 600 009.
2. The Director of Elementary Education,
College Road,
Chennai – 600 006.
3. The Director of Teacher Education,
Research and Training,
Kamarajar Salai, Chennai – 600 006.
4. The District Elementary Education Officer,
Krishnagiri,
Krishnagiri District.
W.P.No.26796 of 2012
01.09.2023
https://www.mhc.tn.gov.in/judis
