Single judge dismissed the writ petition challenging the non-selection of a PG Teacher due to the petitioner holding a B.Ed. from an unrecognized university.
Dismissal of the writ petition with no order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
WP.No.17261 of 2013
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.07.2023
CORAM
THE HON'BLE Mr. JUSTICE G.K.ILANTHIRAIYAN
W.P. No.17261 of 2013
P.Thennarasu
... Petitioner
Vs
1.The Member Secretary, Teachers' Recruitment Board, E.V.K.Sampath Buildings, College Road, Chennai-600 006.
2.The Secretary to Government of Tamil Nadu, School Education Department, Secretariat, Chennai-600 006. ... Respondents
Prayer : Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certioroarified Mandamus to call for the records relating to the impugned communication dated 18.12.2012 in respect of non selection of petitioner pursuant to notification of I respondent in advertisement No.03/2012 dated 28.02.2012 and to quash the communication dated 18.12.2012 as illegal and direct the 1st respondent herein to declare the petitioner as selected for the post of P.G.Teacher (Geography) and to issue order of appointment to the petitioner as P.G.Teacher (Geography).
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| For Petitioner | : No appearance |
|---|---|
| For R1 | : Mr.R.Siddharth Government Advocate |
| For R2 | : Mr.V.Veluchamy Government Advocate |
ORDER
This Writ Petition has been filed challenging the order dated
18.12.2012 passed by the first respondent, thereby non-selection of the
petitioner to the post of P.G.Teacher.
2. The petitioner passed 10 th Standard (SSLC) in the year
1986. Thereafter, he passed Diploma in Civil Engineering in the year 1989 from the Government of Tamil Nadu, Department of Technical Education. He completed B.Sc (Geography) in the year 1997 and M.Sc (Geography) in the year 2006 from Madras University. Thereafter, he completed his B.Ed., in the year 2005 from Bharathia Siksha Parishad, Uttar Pradesh. Finally he completed Post Graduate Diploma in Special Education during the year 2010 from Madras University.
3. The first respondent called for applications to the post of P.G.Teacher by Advertisement dated 28.02.2012. The petitioner applied
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for the said post and also appeared for written examination on 27.05.2012. He obtained 88 marks thereon and he was given weightage of one mark, totally, thus he scored 89. He was also placed 6 th rank in the selection list out of 57 selected candidates. However, he was not selected and as such, the petitioner submitted an application under Right to Information Act for what reason he was not selected to the post of P.G.Teacher. He was denied for selection on the ground that the petitioner studied B.Ed., through Bharathiya Shiksha Parishad, Uttar Pradesh, which is not recognised by the University Grant Commission.
4. On perusal of the counter filed by the first respondent revealed that the petitioner had obtained B.Ed., from Bharathiya Shiksha Parishad, Uttar Pradesh, which is not recognised by the University Grant Commission. It is not a valid one. Therefore, he is treated as ineligible to the post of Post Graduate Assistant in Geography. Since the Bharathiya Shiksha Parishad, Uttar Pradesh, is not recognised by the University Grant Commission, New Delhi and the same was included in the list of fake Universities. Therefore, the petitioner was rightly not selected to the post of P.G.Teacher.
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5. Hence, this Court finds no infirmity or illegality in the order dated 18.12.2012 passed by the first respondent and the writ petition is devoid of merits and it is liable to be dismissed. Accordingly, this Writ Petition stands dismissed. There shall be no order as to costs.
28.07.2023
Lpp Index:Yes/No Internet:Yes/No To
1.The Member Secretary, Teachers' Recruitment Board, E.V.K.Sampath Buildings, College Road, Chennai-600 006.
2.The Secretary to Government of Tamil Nadu, School Education Department, Secretariat, Chennai-600 006.
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G.K.ILANTHIRAIYAN,J.
Lpp
W.P. No.17261 of 2013
28.07.2023
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2 issues framed by the court
Whether the petitioner was correctly disqualified from selection due to the B.Ed. degree not being UGC recognized.
Whether the impugned communication non-selecting the petitioner was illegal.
1 provisions across 1 enactments
P.Thennarasu
1.The Member Secretary, Teachers' Recruitment Board
2.The Secretary to Government of Tamil Nadu
G.K.ILANTHIRAIYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
