Madras High Court
V.Rajeswari vs Teachers Recruitment Board on 4 October, 2024
Author: N. Anand Venkatesh
Bench: N. Anand Venkatesh
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.10.2024
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH
W.P.No.29849 of 2024
and W.M.P.Nos.32543 & 32544 of 2024
V.Rajeswari ... Petitioner
Vs.
Teachers Recruitment Board,
Rep. by its Secretary,
Puratchi Thalivar Dr.MGR Centenary Building,
Perasiriyar Anbazhagan Kalvi Valagam,
DPI Campus, College Road,
Chennai - 600 006. ... Respondent
Prayer : Writ Petition filed under Article 226 of the Constitution of India for
issuance of a Writ of Certiorarified Mandamus, calling for the records of the
respondent relating to the Ineligible List dated 23.08.2024 for the direct
recruitment for the post of Graduate Assistant in the subject Tamil in which the
name of the Petitioner has been included in Serial No.1 and quash the same and
consequently issue a direction directing the Respondent to include the name of
the petitioner in the Provisional Selection List dated 23.08.2024 for the post of
BT Assistant in Tamil and give appointment to the petitioner as BT Assistant
1/12
https://www.mhc.tn.gov.in/judis
Tamil pursuant to Notification No.03/2023 dated 25.10.2023 issued by the
respondent.
For Petitioner : Mrs.N.Kavitha Rameshwar
For Respondents : Mr.C.Kathiravan
Additional Government Pleader
ORDER
This writ petition has been filed challenging the ineligible list dated
23.08.2024, issued by the respondent insofar including the name of the
petitioner and for a consequential direction to the respondent to include the
name of the petitioner in the provisional selection list dated 23.08.2024 for the
post of B.T. Assistant in Tamil, pursuant to the notification issued by the
respondent dated 25.10.2023.
2.Heard Mrs.N.Kavitha Rameshwar, learned counsel appearing on behalf
of the petitioner and Mr.C.Kathiravan, learned Additional Government Pleader
appearing on behalf of respondent.
3.The case of the petitioner is that the respondent issued a notification
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dated 25.10.2023 calling for applications for direct recruitment to the post of
Graduate Teachers/BRTE in School Education Department. The petitioner
submitted the application for B.T. Assistant in Tamil. The petitioner secured 97
marks and the petitioner was called for certificate verification on 31.05.2024.
The name of the petitioner was not included in the provisional selection list by
virtue of the ineligible list dated 23.08.2024 on the ground that the petitioner did
not acquire the minimum educational qualification as per Para 3(b) TNTET
Notification dated 24.02.2017. Aggrieved by the same, the present writ petition
has been filed before this Court.
4.The learned Standing Counsel appearing on behalf of the respondent
has produced the position note from the respondent. The respondent has taken a
stand that after the petitioner was called for certificate verification on
31.05.2024 and the documents were scrutinized, it came to light that the
petitioner had obtained her B.Ed., degree much later after her TET Certificate. In
other words the petitioner has completed the TET in the year 2017 and whereas,
the B.Ed., was acquired only in the year 2018. In view of the same, the
candidature of the petitioner was not considered, since it was not in line with
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Para 3(b) of TNTET Notification dated 24.02.2017.
5.This Court has carefully considered the submissions made on either side
and also the materials available on record.
6.Para 3(b) of TNTET Notification dated 24.02.2017, states as follows:
“b. Candidates appearing for the Final Year
Examination of B.Ed., during the current Academic Year (2016-
2017) are also permitted to appear for Paper II in Teacher
Eligibility Test. Such Candidates should successfully complete
the course in the current Academic Year (2016-2017) itself and
should produce B.Ed., Certificate during Certificate
Verification; otherwise they shall not be considered for the
current year Government recruitment process. However they
will be issued with TET certificate after producing B.Ed.,
Degree Certificate”
7.It is quite cleare from the above notification that a candidate is eligible
to appear for TET even when that candidate is appearing for the final year
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examination in B.Ed. In the instant case, the petitioner completed TET in the
year 2017. However, there was arrears in one subject in B.Ed., which was
completed only in the year 2018. Therefore, the respondent has taken a stand
that the petitioner had completed B.Ed., only after completing TET and
therefore, is not entitled to be considered for the selection.
8.The issue involved in the present writ petition is squarely covered by the
earlier order passed by this Court in W.P.(MD)Nos.18386 to 18389 of 2024,
dated 02.08.2024. The relevant portions are extracted hereunder:
8. The above clarification has been consequent to the order
made by the Hon’ble Supreme Court in Civil Appeal
No.5564/2019 (arose from S.L.P. (C).No.16698 of 2018 and it was
disposed of on 16.07.2019. In fact, the subject matter of the above
proceedings is the interpretation for the word “pursuing”
adopted in similar such Notification issued by the State of
Punjab. A doubt was raised by some of the candidates with regard
to the word “Pursuing”. While disposing of those litigations, the
Hon'ble Supreme Court has given the following order:
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“Para 8.3 ... as per dictionary meaning, the
word “Pursuing” means undergoing and / or
proceeding further. Therefore, a candidate who has
been admitted in any of the TTC and undergoing the
teacher training course (TTC) can be said to be
“Pursuing” such teacher training course and shall
be eligible to appear in the TET examination,
irrespective of the fact that whether, by the last date
specified for filling up the online form for TET
examination, he has, in fact, appeared in the
examination of the concerned teacher training course
and the result is awaited. “Pursuing” the requisite
teacher training course is sufficient to make such a
candidate eligible to appear in the TET examination.
Therefore, on a fair reading of Clause 5(ii) of the
NCTE guidelines, a person who has been admitted in
TTC and is pursuing, he / she can appear in the TET
examination”
.... Para 8.4......Therefore, it is clear that the
respective appellants herein whose appointments
were challenged were eligible to appear in the TET
examination at the time they were “Pursuing” the
concerned TTC. Thus, we hold that the decision of
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the High Court, to the aforesaid extent, is not
sustainable. The impugned orders of the High Court
are accordingly modified to the aforesaid extent....”
9. The National Council for Teachers Education has
accepted the clarity given by the Hon'ble Supreme Court in the
above said order, wherein, it is clarified that ‘pursuing’ can only
mean undergoing or proceeding further. So, it is further clarified
that a limited interpretation that the candidate who is pursuing
the requisite course should be in the final year examination,
cannot be given. So a person who is undergoing the course can
also appear in TET Examination. In similar lines, a clarification
has been issued by NCTE to the Directorate of Education stating
that the person who has been admitted in the training course and
pursuing can appear in the TET Examination. When the National
Council for Teacher Education itself has given the above
clarification, to the terms of the Notification issued by the TRB,
the Government of Tamil Nadu should also need to read it in the
same spirit. Even by looking at the apparent terms under 3(b) of
the Notification, seven educational requirements are
contemplated. One of the criteria is graduation with at least 50%
marks and pass or appearing in final year B.Ed., (Special
Education) and another option is that any candidate having
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qualified B.Ed., programme recognized by the NCTE and they are
eligible to appear for Tamil Nadu Teacher Eligibility Test (TET).
10. A special reference has been made about the above
clarificatory note issued by the National Council to the
Guidelines issued by the NCTE and it is stated that a person who
is pursuing any of the Teacher Education course recognized by
NCTE or the person who has been admitted in Teacher Training
Course, as the case may be, is also qualified to appear in the TET
examination. So, these petitioners, who have been undergoing the
Teacher education course either by pursuing B.Ed., (Special
Education) or any other B.Ed., programme (which is recognized
by the NCTE) are also eligible to appear for TET
11. Even if the candidates who cannot fit themselves under
the sixth eligibility stated in the Notification can find themselves
fit under the 7th eligibility. These petitioners having themselves
found in one of the eligibility criteria had appeared for TET
examination and got it cleared. There is no dispute with regard to
their TET pass. The only objection is that at the time when they
appeared for TET they have been pursuing second year teacher
education course and not in the final year.
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12. The very purpose of giving a clarificatory note issued
by the National Council for Teacher Education, dated
04.08.2022, only to allege the above said doubt and in which has
has been made very clear that the Hon'ble Supreme Court has
held that the candidate should have pursued the Teacher
Education Course irrespective of the year in which the candidates
happened to appear for the TET Examination is eligible. The TRB
has misconstrued its Notification and has interpreted the same
without aid of the clarificatory note also given by the National
Council for Teacher Education on 04.08.2022 and also the
judgment given by the Hon'ble Supreme Court in Civil Appeal
No.5564 of 2019 (arose from SLP (C) No.16698 of 2018 which
was disposed of on 16.07.2019) and rejected these candidates on
the premises that they were not in the final year of the Teacher
education course when they appeared for TET.
9.In the case in hand, the petitioner had earlier participated in the
selection in the year 2017 and at that point of time, since the petitioner had an
arrear in one of the subject in B.Ed., the petitioner was not able to produce the
B.Ed., Certificate and the candidature was rejected. This decision taken by the
respondent was perfectly in order, since the petitioner only had a TET Certificate
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and did not have a B.Ed., Certificate. Thereafter, the petitioner has completed
B.Ed., during May 2018.
10.When the petitioner attended the certificate verification, the petitioner
had submitted all the certificates. The petitioner admittedly had completed the
minimum educational qualification and had also completed B.Ed., and also had
cleared TET. The fact that the petitioner had cleared TET in 2017 and B.Ed., in
2018 does not take away the right of the petitioner to participate in the selection.
This is in view of the fact that the candidate is permitted to take TET
examination even during the final year of B.Ed., degree. The issue has been
discussed in detail in the judgment referred supra.
11.In the light of the above discussion, there is no reason to consider the
petitioner ineligible and the candidature of the petitioner is not in violation of
Para 3(b) of TNTET Notification dated 24.02.2017. Accordingly, the ineligible
list dated 23.08.2024, is interfered insofar as adding the name of the petitioner
in that list. In view of the same, there shall be a direction to the respondent to
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include the name of the petitioner in the provisional selection list for the post of
B.T. Assistant in Tamil and proceed further in accordance with law.
12.In the result, this writ petition stands allowed with the above
directions. No Costs. Consequently, connected miscellaneous petitions are
closed.
04.10.2024
Internet : Yes
Index : Yes
Speaking Order / Non Speaking Order
ssr
To
Teachers Recruitment Board,
Rep. by its Secretary,
Puratchi Thalivar Dr.MGR Centenary Building,
Perasiriyar Anbazhagan Kalvi Valagam,
DPI Campus, College Road,
Chennai - 600 006.
https://www.mhc.tn.gov.in/judis
N. ANAND VENKATESH, J.
ssr
and W.M.P.Nos.32543 & 32544 of 2024
04.10.2024
https://www.mhc.tn.gov.in/judis
