J.Latha Vs The State of Tamil Nadu

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned order passed by the 5th respondent DEO in Na.Ka.No.1836/Aa3/2023 dated 29.09.2023, quash the same and further direct the 5th respondent DEO to approve forthwith the appointment of the petitioner as Drawing Teacher in the 6th respondent school with effect from her date of appointment i.e., 17.11.2014, with all attendant benefits including arrears of salary and pass such further or other orders as this Honble Court may deem fit and proper in the circumstances of the case and thus render justice.

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For Petitioner : M/s. K.Ragatheesh Kumar

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For Respondents : M/s.N.Satheesh Kumar,

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Additional Government Pleader For R1 to R5 O R D E R

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This writ petition is filed challenging the impugned order passed

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by the 5^th respondent DEO in Na.Ka.No.1836/Aa3/2023 dated 29.09.2023 and seeking consequential direction to the 5th respondent

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DEO to approve forthwith the appointment of the petitioner as Drawing

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Teacher in the 6^th respondent school with effect from her date of appointment i.e., 17.11.2014, with all attendant benefits including arrears of salary.

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https://www.mhc.tn.gov.in/judis

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W.P.(MD).No.21729 of 2024

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The learned counsel for the petitioner would submit that the

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issue raised in the writ petition is covered by a judgment of the another Single Judge made in W.P.No.4735 of 2017 dated 15.04.2019 and he had circulated the aforesaid judgment.

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The petitioner had completed S.S.L.C in the State of Kerala, which was treated on par with the educational qualification of S.S.L.C in the State of Tamil Nadu. He would submit that what is required that the petitioner should have possessed a minimum educational qualification prescribed for the post.

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A perusal of the judgment relied upon by the learned counsel for the petitioner would indicate that this Court had relied upon an earlier judgment as affirmed by the Hon'ble Division Bench and the Hon'ble Apex Court, in that regard, holding that such certificate issued by the State of Karnataka to be a valid certificate, by considering the petitioner therein had also completed further education on the certificate issued by the State of Karnataka.

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https://www.mhc.tn.gov.in/judis

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W.P.(MD).No.21729 of 2024

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In the present case also, the petitioner after completing her S.S.L.C had done her higher qualification in the State of Tamil Nadu and

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also been permitted to write a public examination.

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In such view of the matter, this Court is of the view that the judgment relied upon by the petitioner is squarely applicable to the facts of the present case. Hence, this Writ Petition stands allowed and the respondents are directed to confirm the petitioner's appointment as Drawing Teacher in the 6^th respondent school with effect from her date of appointment i.e., on 17.11.2014 with all consequential benefits being paid to the petitioner within a period of twelve weeks from the date of receipt of a copy of this order. No order as to costs. Consequently, connected Miscellaneous Petitions are closed

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13.11.2025

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NCC:yes/no Index:yes/no Internet:yes/no gvn

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https://www.mhc.tn.gov.in/judis

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W.P.(MD).No.21729 of 2024

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To: