Madras High Court
Unknown vs Page 2 Of 9 on 26 September, 2022
Author: S.M.Subramaniam
Bench: S.M.Subramaniam
W.P.No.37483 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.09.2022
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.No.37483 of 2016
and
W.M.P.Nos.32097 to 32099, 37944 of 2016 and 20780 of 2017
1. S.Umadevi
2. P.Ayyammal
3. R.Dinesh Babu
4. C.Kokila
5. G.Abirami
6. P.Dinesh
7. V.Suresh
8. G.Senthil
9. M.Krishnaveni
10. M.Elangovan
11. K.Suresh
12. G.P.Kalpana
13. A.Gopinath
14. K.Shanmugavadivu
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W.P.No.37483 of 2016
15. A.Jeyanthi
16. G.Saratha
17. U.Narasimman
18. R.Vanitha
19. S.D.Sharrulathaa
20. R.Punitha
21. S.Deebika
22. C.Deepa
23. M.Vasanthakumar
24. S.Suresh
25. R.Gnanasundhari
26. S.Selvarasu
27. R.Selvaraju
28. G.Veera Pandi
29. G.Sasikumar
30. K.Devi Priya
31. M.Malarkodi ... Petitioners
Vs.
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W.P.No.37483 of 2016
1. The State of Tamil Nadu,
Rep. by its Secretary to Government,
School Education Department,
Fort St. George,
Chennai – 600 009.
2. Teacher Recruitment Board,
Rep. by its Director,
4th Floor, EVK Sampath Maaligai,
DPI Compound, College Road,
Chennai – 600 006.
3. Union of India,
Rep. by its Secretary to Government,
Department of School Education and Literacy,
Ministry of Human Resource Development,
217-C, Shastri Bhawan,
New Delhi – 110 001.
4. National Council for Teacher Education,
Rep. by its Member Secretary,
G-7, Sector – 10, Dwarka,
New Delhi – 110 075. ... Respondents
[R3, R4 suo-motu impleaded vide Order
dated 11.07.2022 in W.P.No.37483 of 2016]
Prayer: Writ Petition filed Under Article 226 of the Constitution of India,
for issuance of a Writ of Mandamus, directing the 2nd respondent to draw up
a merit list of candidates who have passed the Teacher Eligibility Test held
on 17.08.2013 and 18.08.2013 as per the norms fixed by the National
Council for Teacher Education in its Memorandum dated 11.02.2011 read
with G.O.Ms.No.71, School Education (TRB) Department dated 30.05.2014
along with their TNTET Roll numbers and make appointments based on the
said merit list and consequently forbear the Respondents from conducting
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W.P.No.37483 of 2016
any Teacher Eligibility Test until all the candidates in the merit list so
prepared are given postings as BT Assistants and Secondary Grade Teachers
in the existing vacancies and anticipated vacancies in the Government and
Government Aided Schools as per the 200 Point Roaster provided in the
Schedule III to the General Rules for Tamil Nadu and Subordinate Services.
For Petitioners : Mr.A.Govindaraj
For Mrs. C.Uma
For R1 : Mrs.S.Mythreye Chandru
Special Government Pleader
For R2 : Mr.C.Kathiravan
Special Government Pleader (TRB)
For R3 & R4 : Not ready in notice
ORDER
The relief sought for in the present writ petition is to direct the respondents 2nd respondent to draw up a merit list of candidates who have passed the Teacher Eligibility Test held on 17.08.2013 and 18.08.2013 as per the norms fixed by the National Council for Teacher Education in its Memorandum dated 11.02.2011 read with G.O.Ms.No.71, School Education (TRB) Department dated 30.05.2014 along with their TNTET Roll numbers and make appointments based on the said merit list and consequently Page 4 of 9 https://www.mhc.tn.gov.in/judis W.P.No.37483 of 2016 forbear the Respondents from conducting any Teacher Eligibility Test until all the candidates in the merit list so prepared are given postings as BT Assistants and Secondary Grade Teachers in the existing vacancies and anticipated vacancies in the Government and Government Aided Schools as per the 200 Point Roaster provided in the Schedule III to the General Rules for Tamil Nadu and Subordinate Services.
2. The petitioners state that they have scored pass marks of 60% in the Teachers Eligibility Test (TET) held on 17.08.2013 and 18.08.2013 as per the norms fixed by the National Council for Teacher Education (NCTE). Since the Government issued orders in G.O.Ms.No.25 dated 06.02.2014, the pass mark was reduced for SC/ST and OBC candidates by 5% and the zone of consideration was widened and 3422 candidates, who had secured marks between 55% and 60% in the TET got selected as Teachers by virtue of the G.O.Ms.No.25 dated 06.02.2014 read with G.O.Ms.No.71 dated 30.05.2014. But the petitioners, who secured more than 60% marks in TET were not selected as Teachers.
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3. The grievances of the writ petitioners are that the State Government reduced the pass marks, which caused denial of opportunity to the petitioners, who secured higher marks. Therefore, they have filed the present writ petition for a direction to draw up a merit list of candidates, who have passed the TET held on 17.08.2013 and 18.08.2013 as per the norms of the NCTE in its memorandum dated 11.02.2011 read with G.O.Ms.No.71, School Education (TRB) Department dated 30.05.2014.
4. This Court is of the considered opinion that the fixation of pass mark is the policy decision of the Government. The Government granted certain concession to the SC/ST and OBC candidates and such concessions are permissible under the Constitution of India. Reduction of 5% of marks to SC/ST and OBC candidates cannot be held as unconstitutional, since the Constitution provides power to the Government, to provide such concession to the socially backward communities. Therefore, the petitioners cannot say that they scored more than 60% marks and accordingly, they must be appointed at the first instance.
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5. The Teachers Eligibility Test (TET) is the requisite qualification for appointment to the post of Teachers. The minimum pass mark has been stipulated by the Government, which cannot be said to be perverse. Fixation of pass mark is the policy decision, which was taken in consultation of Expert bodies. Thus, the Court in exercise of the power of judicial review cannot interfere with such policy decision taken by the Government regarding fixation of pass marks for the purpose of ascertaining the eligibility.
6. Therefore, the relief as such sought for in the present writ petition cannot be considered. That apart, the petitioners have completed the TET in the year 2013 and mere passing of the TET is not a ground to claim appointment as a matter of right.
7. Appointments are to be made in accordance with the rules in force. Mere acquiring the requisite qualification would not confer any right on the candidate to seek direction to appoint them at the first instance. Appointments are to be made by following the procedures as contemplated. Therefore, the very relief sought for cannot be granted. Page 7 of 9 https://www.mhc.tn.gov.in/judis W.P.No.37483 of 2016
8. Accordingly, the Writ Petition stands dismissed. No costs. Consequently, connected Miscellaneous Petitions are closed.
26.09.2022 Jeni Index : Yes Speaking order To
1. The Secretary, The Government of Tamil Nadu, School Education Department, Fort St. George, Chennai – 600 009.
2. The Director, Teacher Recruitment Board, 4th Floor, EVK Sampath Maaligai, DPI Compound, College Road, Chennai – 600 006.
3. The Secretary, Union of India, Department of School Education and Literacy, Ministry of Human Resource Development, 217-C, Shastri Bhawan, New Delhi – 110 001.
4. The Member Secretary, National Council for Teacher Education, G-7, Sector – 10, Dwarka, New Delhi – 110 075.
Page 8 of 9 https://www.mhc.tn.gov.in/judis W.P.No.37483 of 2016 S.M.SUBRAMANIAM, J.
Jeni W.P.No.37483 of 2016 26.09.2022 Page 9 of 9 https://www.mhc.tn.gov.in/judis