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1) B.E.Degree in Computer Science / E.C.E., E.E.E. from a recognized University or

2) B.Sc., Computer Science or

3) M.C.A. or

4) B.C.A. or

5) Any Degree from a recognized University in the state with one year P.G. Diploma Course in Computer Application offered by a recognized University.

It also states that in respect of these candidates B.Ed. qualification will not be insisted. It is also stated that the said post of Computer Instructors will be filled up by the Director of School Education based on the list of candidates selected and furnished by the Teachers Recruitment Board, Chennai 6.

2) B.Sc. Computer Science or

3) M.C.A. or

4) B.C.A. or

5) Any Degree from a recognized University in the state with one year Post Graduate Diploma Course in Computer Application offered by a recognized University, (the requirement of B.Ed., degree is not going to be insisted upon). According to the respondents, the B.Ed., Degree in Computer Science was introduced newly for Computer Science Degree holders only from the year 1999 and therefore, in respect of these recruitment, which according to them is a special drive, the requirement of B.Ed. qualification was dispensed with.

The Government after careful examination of the proposal of the Director of School Education, prescribe the following as qualifications for the post of part time Vocational Instructors (Computer Science) in Higher Secondary Schools with effect from 23.09.1994:
a) B.E.Degree in Computer Science and Engineering / Electronics and Communication / Electrical and Electronics Engineering.

OR

b) B.Sc., Computer Science with B.Ed, Degree or one year Post Graduate Diploma Course in Computer Application offered by recognized Universities or equivalent.

67. It is in that impugned letter dated 04.10.2006 the qualifications required for appointment of Computer Instructors in these 1880 newly created posts by the Government is stated as

1) B.E.Degree in Computer Science / E.C.E., E.E.E. from a recognized University or

2) B.Sc., Computer Science or

3) M.C.A. or

4) B.C.A. or

5) Any Degree from a recognized University in the state with one year P.G.Diploma course in Computer Application offered by a recognized University (However, stating that no B.Ed. Degree will be insisted) The impugned order is challenged on the ground that when the Government has created the said posts to the extent of 1880 as Computer Instructors, it should be treated as appointment of Computer Teachers in the main stream in which case it requires the regular qualifications as per the statutory rules already framed and in existence for appointment of teachers in the Government High Schools and Higher Secondary Schools in the state of Tamil Nadu which require B.T. or B.Ed. degree as one of the required qualifications. In the circumstances that B.Ed. qualified candidates in Computer Science are available in large number and that the post have been created in accordance with law, it is only proper for the Government to make appointment in respect of these created posts from among the qualified candidates as per the rules in existence for appointment of teachers to the Government High School and Higher Secondary Schools. Therefore, the contention raised is that not only by restricting these created posts of 1880 only to those Computer Instructors who are in service on contract basis whose contract has already come to an end but also by restricting the appointment only to those persons who are appointed temporarily as Computer Instructors on contract basis who continue to be in service but without qualification of B.Ed. will not only amount to an arbitrary discrimination in showing undue favour to a group of candidates who are not qualified as per the general qualification required for the post of teachers in the Government High and Higher Secondary Schools but this would amount to regularization of illegal or irregular appointees, which would be invalid even if the same is sought to be done by way of a policy, since such policy is not only perverse but it is opposed to the basic tenets of the Constitution which enshrines the concept of equality as contemplated under Article 14 and 16(1) of the Constitution of India.