IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 10-08-2006 CORAM : THE HONOURABLE MR.JUSTICE A. KULASEKARAN W.P. No. 37078 and 37086 of 2005 W.P. No. 6112 of 2006 A. Yavanarajan .. Petitioner in WP 37078 G. Kanchana .. Petitioner in WP 37086 A.K. Palanivel .. Petitioner in WP 6112 Versus 1. The Teachers Recruitment Board rep. by its Chairman E.V.K. Sampath Maligai College Road Chennai 600 006 2. The Director of School Education D.P.I. Complex College Road Nungambakkam Chennai 600 006 3. The Secretary to Government School Education Department .. Respondents in
Secretariat all the WPs Chennai 600 009 Petitions filed under Article 226 of The Constitution of India praying for a Writ of Mandamus as stated therein. For Petitioner : Mr. Anand in all the WPs For Respondents : Mr. M. Dhandapani Addl. Govt. Pleader in all the writ petitions COMMON ORDER
The prayer in the above writ petitions is for a Writ of Mandamus directing the respondents to appoint the petitioner as Junior Graduate Assistant for science subjects in Government Schools.
2. The first respondent/Board was constituted for the purpose of recruitment of teachers for regular appointment in the Tamil Nadu Higher Educational Services and Tamil Nadu Educational Subordinate Services. From 2001-2002 onwards, written competitive examinations were introduced for recruitment of all categories of teachers and the final selection is based on merit-cum-communal rotation. The Board notified vacancies for the year 2004-2005 and 2005-2006 in Tamil and English Dailies inviting applications from eligible candidates who registered their names in the employment exchange for the posts of Junior Graduate Assistants. For 2004-2005, the last date for receipt of applications was fixed as 01.10.2004 and for 2005-2006, the last date was 12.09.2005 and the prospectus were issued and competitive written examinations held on 28.11.2004 and 16.11.2004 respectively. The petitioners herein are graduate in Bio-chemistry and also passed B.Ed., degree and some of them possess other educational qualifications which are not relevant for this case.
3. The first respondent/Board prescried qualification for Junior Graduate Assistant Posts namely B.A., or B.Sc., Degree in the relevant subject with B.Ed., Degree. The same qualification is specifically mentioned in the advertisement and prospectus issued by the Board. Chemistry was among the 11 subjects to which advertisement was given. The petitioners herein have applied for the post of Junior Graduate Assistants, took part in the written examination but during the certificate verification of the petitioner in WP No. 37078 of 2005, it was found that he possess Degree in Bio-chemistry, the petitioner in WP No. 37086 of 2005 is a degree holder at two majors namely Nutrition Food Services Management and Dietics and Chemistry. Similarly, the petitioner in WP No. 6112 of 2006 possess degree in Bio-chemistry. According to the first respondent/Board, the petitioners are not satisfying the essential qualifications of Chemistry prescribed in the notification issued by them and also by the Government. Whenever there is a doubt about equivalence of subject, it is stated that the Board approach the University of Madras for clarification, which was accordingly approached and the same was clarified by the Madras University that B.Sc., Degree in Bio-Chemistry cannot be considered as equivalent to B.Sc., Chemistry for the purpose of appointment as Junior Graduate Assistants in Chemistry in Government Schools. The case of the first respondent/Board is that the Rules in existence did not permit to consider the petitioners for selection to the post of Junior Graduate Assistants in Chemistry Subject even if he or she secured highest marks in the written examinations and ultimately the petitioners were not considered for selection of the said post.
4. Mr. Anand, learned counsel for the petitioners submitted that B.Sc., Bio-chemistry is also a subject equivalent to science subject; that the Government of Tamil Nadu has clarified it in their letter dated 06.06.2002, hence, not considering the petitioners for recruitment to the post of Science Teachers is untenable in Law; that even for admission in B.Ed., course, there is no such restriction, while so, failure on the part of the respondents in not considering the petitioners for selection to the post of Junior Graduate Teacher on the ground that they possess Bio-chemistry Degree is untenable and prayed for issuance of Mandamus.
5. Mr. Dhandapani, learned Additional Government Pleader for the respondents, relying on the counter submitted that the advertisements and prospectus published by the respondents are clear that for the post of Junior Graduate Assistants in Chemistry, candidates possessing B.Sc., Degree in Chemistry alone are eligible, hence, the petitioners, who were possessing Bio-chemistry Degree were rightly not considered by the respondents for selection to the said post and prayed for dismissal of the writ petitions.
6. This Court carefully considered the arguments of the counsel on either side and perused the material records placed. To decide the issues involved in this case, the prospectus issued by the respondents for the academic years 2004-2005 and 2005-2006 are very much necessary wherein the estimated vacancy relating to each and every subject is clearly mentioned. In the qualification column, it is mentioned that a degree in B.A. or B.Sc., in relevant subject with B.Ed., candidates should possess knowledge of Tamil of 10th standard level alone can participate. In the said prospectus, it is specifically found mentioned that Physics, Chemistry, Biology and Zoology along with other subjects, but Bio-chemistry is not found mentioned, hence, the Court would not interfere with Proprietary of particular qualification fixed by the Board. When a candidate did not possess the advertised qualification, he is not eligible to seek for selection. It is to be remembered that the advertisement or prospectus issued by the Board restricted the eligibility qualification only to the person possessing a degree in Chemistry, processed the selection accordingly and the person who do not possess such qualification is not eligible for consideration. A letter dated 06.06.2002 issued by the Government of Tamil Nadu was relied upon by the learned counsel for the petitioners to say that the candidates who possess B.Sc., Bio-chemistry and Physical Science be appointed as Science graduate Teacher in Government Aided School. The said letter cannot be relied on when advertisement or prospectus stipulates only degree in Chemistry. Any interference by introducing Bio-chemistry in the selection made already amounts to unsettling the settled things. Merely because the petitioners were allowed to write the written examinations, it will not grant them indefeasible right to be selected to the post.
7. In view of the above discussion, this Court is of the considered view that the respondents have rightly not considered the petitioners for selection, the writ petitions are devoid of merits, liable to be dismissed and accordingly they are dismissed. No costs.
rsh
To
1. The Teachers Recruitment Board
rep. by its Chairman
E.V.K. Sampath Maligai
College Road
Chennai 600 006
2. The Director of School Education
D.P.I. Complex
College Road
Nungambakkam
Chennai 600 006
3. The Secretary to Government
School Education Department
Secretariat
Chennai 600 009
[PRV/7740]