6.Per contra, the learned Government Advocate (Civil
Side) would submit that as per the Government Order in
G.O.Ms.No.240, whenever vacancies arises to the post of
Graduate Assistant (Tamil), promotion shall be given to the
Secondary Grade Teachers, who are possessing the qualification
for the post of Graduate Assistant (Tamil). Likewise, for the
Graduate Assistant in other subjects, the qualified Teachers in
that particular subject shall be promoted. If no qualified
Teacher is available, with an approval of the Government, the
post can be filled up by direct recruitment. For the vacancy
that arise in the category of Secondary Grade Teacher, the
Graduate Assistant will be appointed by direct recruitment.
Preference for promotion should be given to the B.Ed., Teachers
in respect of all subjects instead of restricting it to English,
Science and Maths alone. Therefore, as per G.O.Ms.No.240, the
post of Graduate Assistant (Tamil) should be filled up by
promotion from the eligible Tamil Pandits with B.Ed.,
qualification. But, whereas the vacancy arose for B.T. Assistant
due to the resignation of one A.Baskar was upgraded as Graduate
Assistant (Science) as per the Resolution passed by the fourth
respondent School Committee. Therefore, the post could be filled
up only by a Science Graduate. Since no Science Graduate was
available in that school, direct recruitment was adopted with
the concurrence of the Government and the fifth respondent was
appointed. Therefore, the petitioner cannot have any grievance
against the appointment and her request for the same cannot be
acceded to.
