Central Administrative Tribunal - Madras
S Sangeetha vs Ut Of Pondicherry on 25 January, 2019
1 OA 64/2019 CENTRAL ADMINISTRATIVE TRIBUNAL CHENNAI BENCH O.A.No.64/2019
Dated Friday, the 25th day of January, 2019 PRESENT Hon'ble Mr.R.Ramanujam, Administrative Member & Hon'ble Mr.P.Madhavan, Judicial Member S. Sangeetha Government Primary School Nathamedu, Embalam Puducherry - 605 106. ...Applicant By Advocate M/s A. Tamilvanan Vs. 1.1. Union of India represented by The Chief Educational Officer O/o. the Chief Educational Officer Puducherry.
2. The Deputy Inspector of Schools Zone - IV, Villianur Puducherry. ...Respondents 2 OA 64/2019 (Order: Pronounced by Hon'ble Mr.R.Ramanujam, Member(A)) Heard. The applicant has filed this OA under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs:
"a. To call for the records leading to the passing of the impugned order by the 2nd respondnet in endt. No. 3272/DisIV/Estt/A3/2018/577 dated 07.11.2018 and quash the same and consequently direct the respondents 1 & 2 to permit the petitioner to complete the B.Ed course by providing teaching practice in Government Middle School Keezh Agraharam, Puducherry or in any other school at Puducherry and pass such other suitable orders and thus render justice.
b. Pass such other suitable orders."
2. The grievance of the applicant is that the applicant has been denied permission to undergo teaching practice in B.Ed degree course in a Government recognised school. A request to this effect was rejected by Annexure A-4 impugned communication dated 07.11.2018 on the ground that the Tamil University, Tanjore was not an authorised university for Government teachers who were working in Government of Puducherry.
3. Learned counsel for the applicant would submit that the applicant had been granted permission by Annexure A-2 OM dated 11.10.17 to study and appear for the course of B.Ed in Tamil University, Tanjore for the academic session 2017-2019. The nature of study was indicated as correspondence. However, the applicant is required to undergo teaching practice before the award of degree. Refusal of the authorities to grant 3 OA 64/2019 permission for teaching practice in Puducherry is a violation of the relevant rules, it is alleged.
4. On perusal, it is seen that the respondents had indeed granted permission to the applicant to study and appear for the B.Ed correspondence course conducted by Tamil University, Tanjore during 2017-2019. However, the permission was subject to conditions including that the study should be entirely on her own merit without any liability to the Government directly and without detriment to the proper performance of her duties in the school. It was also stated that no request for leave on any occasion would be entertained based on the permission granted. It would also not confer any right on the individual to claim promotion to a higher post which would be strictly governed by the RRs for the relevant posts, as applicable from time to time.
5. Clearly, the applicant could not claim a right to undergo teaching practice in any of the Government recognised schools in Puducherry in the light of the above conditions, unless specifically allowed by the Government of Puducherry. As it is stated that Tamil University, Tanjore was not an authorised university for teachers who were working in Government of Puducherry, we do not see how any service condition of the applicant had been violated in passing the impugned order. More so, when the permission granted was clearly on the condition that the study should be entirely on the applicant's own merit without any liability to the Government.
4 OA 64/2019
6. In view of the above, no prima facie case appears to have been made out for us to interfere in the matter. OA is dismissed.
(P.MADHAVAN) (R.RAMANUJAM)
MEMBER(J) MEMBER (A)
25.01.2019
M.T.