Madras High Court
R.Hema Maalini vs The Government Of Tamil Nadu on 23 October, 2024
Author: D.Krishnakumar
Bench: D.Krishnakumar
W.A.No. 2823 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 23.10.2024
CORAM:
THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR
and
THE HON'BLE MR.JUSTICE P.B. BALAJI
W.A.No. 2823 of 2024
R.Hema Maalini ..Appellant
Vs
1. The Government of Tamil Nadu
Represented by Secretary to Government,
Department of Higher Education,
Secretariat, Chennai-600009.
2.The Chairman,
Teachers Recruitment Board,
3rd & 4th Floor,
Puratchi Thalaivar Dr.MGR Centenary Building,
DPI Complex, College Road,
Chennai-600006. ..Respondents
Prayer : Writ Appeal is filed under Clause 15 of Letters Patent to set aside the
common order passed by this Court in W.P.No. 18726 of 2024, dated
10.07.2024.
1
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W.A.No. 2823 of 2024
For Appellant : Mr.S.Balakrishnan
For Mr. M.Ravi
For Respondents : Mr. R.Neelakandan, AAG
Assisted by Mr.K.Sathish Kumar, Standing
Counsel – R2
Mr.UM.Ravichandran, Spl.GP- R1
JUDGMENT
(Order of the Court was made by the D.Krishnakumar, J)
Challenging the order passed by the writ court in W.P.No.18726 of
2024, dated 10.07.2024, the present intra court appeal has been filed.
2. Heard the learned counsels appearing for the parties and perused the
materials available on record.
3. According to the appellant, pursuant to the Notification No.3 of 2023,
dated 25.10.2023 she applied for the post of Graduate Teacher (Physics) and
her application and she also appeared for the competitive examination
conducted by the Board. In the examination conducted by the Board, she
secured 95%, thereafter she was called for certificate verification. During
counseling, she has produced all the documents before the Board, but her name
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was not found in the provisional list dated 27.05.2024 on the ground that the
petitioner is not eligible to apply for the post of Graduate Teacher- Physics.
Challenging the said provisional list, and claiming equivalency of B.E Degree to
B.Sc (Physics), the appellant has filed a writ petition and the same was
dismissed by the writ court. Hence the present writ appeal.
4. At the time of admission, this Court directed the respondent-Board to
clarify the equivalency of B.E degree to Bsc(physics). Today, the 2nd
respondent-board has filed an affidavit stating that totally 1,327 candidates
have not completed the application, in that 636 candidates are not allowed to
proceed further because their qualification did not match with the minimum
educational qualifications as prescribed in the notification No. 03/2023, dated
25.10.2023. It is further stated in the affidavit that the appellant herein was
allowed to apply in the application software, since she claimed to have
equivalence degree by uploading the Government Order in G.O.(Ms)No. 270,
Higher Education (J1) Department dated 03.12.2019. After scrunity, the
Board found that 4 candidates were declared as ineligible candidates on the
ground of their incorrect slef claim of equivalence of subject through
G.O.(Ms)No. 270, Higher Education (J1) Department dated 03.12.2019. The
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appellant herein is one among the aforesaid 4 candidates.
5. We have perused the G.O.(Ms)No. 270, Higher Education (J1)
Department dated 03.12.2019. In the said Government Order, at page no. 10,
in Resolution No.2.30, it is clearly stated that B.E (any discipline) with B.Ed is
eligible only to the post of B.T. Assistant (Mathematics), provided the
eligibility fixed by the Government is to teach only from 6th standard to 8th
standard.
6. In light of the above, it is clear that the said Government Order only
confers eligibility to the candidates with B.E. Degree(any discipline) and B.Ed
qualification for the post of B.T. Assistant (Mathematics) for teaching
standards 6 to 8. The appellant however, invited this trouble upon herself by
wrongly uploading documents by relying the said Government Order for the
post of Graduate Teacher (Physics), which did not meet the eligibility criteria
specified in the notification as well as the equivalency mentioned in the said
Government Order. We find no merits in the appellant’s claims and the writ
appeal is liable to be dismissed.
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7. In the result, the writ appeal is dismissed. No costs. However
considering the submissions made by the learned counsel for the appellant that
the appellant had successfully cleared the examinations conducted by the
appellant-Board but her application was rejected by the respondent-Board only
at the final stage, therefore he seeks permission of this Court to make
representation to the authorities concerned to consider BE Degree course is
equivalent to B.Sc (Physics) .
8. Accordingly, (i) the appellant shall make a representation to the 1 st
respondent/Secretary, Department of Higher Education, Secretariat, Chennai,
within a period of four weeks, from the date of receipt of a copy of this order.
(ii).Upon receipt of such representation, the 1st respondent/Secretary,
Department of Higher Education shall consider the same and pass appropriate
orders on merits and in accordance with law, as expeditiously as possible.
.
(D.K.K., J.) (P.B.B., J.)
23.10.2024
Index: Yes / No
Internet: Yes
ak
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D.KRISHNAKUMAR, J.
AND
P.B. BALAJI, J.
ak
To
1. The Secretary to Government,
Department of Higher Education,
Secretariat, Chennai-600009.
2.The Chairman,
Teachers Recruitment Board,
3rd & 4th Floor,
Puratchi Thalaivar Dr.MGR Centenary Building,
DPI Complex, College Road,
Chennai-600006.
23.10.2024
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