IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED 22.02.2010 CORAM THE HONOURABLE MR. JUSTICE R.SUDHAKAR W.P. NO.38366 OF 2006 1.V. Kannan 2.T. Shanthi 3.R. Tamilarasi ... Petitioners Versus 1. State of Tamilnadu, rep. By Secretary to Govt., Education Department, Fort St. George, Chennai.9. 2. Collector of Virudunagar District, Virudhunagar. 3. Chief Educational Officer, Virudhunagar. ... Respondents PRAYER: Writ Petition came to be numbered by transfer of Original Application No.6286 of 1998 filed before the Tamil Nadu Administrative Tribunal, on abolition, transferred to this Court and renumbered as WP No. 38366 of 2006 to direct the respondents 2 and 3 to publish the result and appoint all the persons selected in the interview held on 19.5.1998 including the petitioners and consequently forbear the respondents from appointing persons having higher qualification of B.P.Ed. And M.P.Ed., and consequently declare them if any appointment already made as null and void insofar as the appointment of secondary grade teachers in the Virudhunagar Educational District for the selection held in 1998 for the post of physical Education Teacher for standard-I to VIII is concerned. For Petitioner : Mr.P. Suhadev For Respondent : Mr.S. Sivashanmugam Government Advocate O R D E R This writ petition is filed to direct the respondents 2 and 3 to https://hcservices.ecourts.gov.in/hcservices/ publish the result and appoint all the persons selected in the interview held on 19.5.1998 including the petitioners and consequently forbear the respondents from appointing persons having higher qualification of B.P.Ed. And M.P.Ed., and consequently declare them if any appointment already made as null and void insofar as the appointment of secondary grade teachers in the Virudhunagar Educational District for the selection held in 1998 for the post of physical Education Teacher for standard-I to VIII is concerned. 2. All the petitioners are holders of higher secondary pre- university course and Government Teacher's Certificate of higher grade for physical education. They were called for interview for appointment to the post of secondary grade physical education teacher through employment exchange. However, their case has not been considered. It is the grievance of the petitioners that graduates holding B.P. Ed. or M.P.Ed. alone were considered and the petitioners were not considered on the ground that they are holding certificate of higher grade for physical education. Hence, the original application has been filed. 3. Heard Mr. Sivashanmugam, learned Government Advocate, who referred to the reply and stated that in view of the batch of cases filed by similarly placed persons, the claim of the petitioners could not be considered. Earlier, this Court considered similar claims and the respondents filed a reply stating that the certificate holders of higher grade for physical education also will be considered based on the policy decision taken subsequently. 4. According to the respondents, there is no impediment in considering the claim of the petitioners as on today as the Government had already taken policy decision to accommodate the persons holding similar certificate if otherwise they are qualified. If the petitioners are still aggrieved by non employment as on today, they are entitled to make further representations to the appropriate authority to consider their claim for appointment based on their higher grade in physical education certificate and the same shall be considered and disposed of by the appropriate authority within a reasonable time preferably within three months from the date of such representations. This writ petition is disposed of accordingly. No costs. Sd/ Assistant Registrar /True Copy/ Sub Assistant Registrar ra https://hcservices.ecourts.gov.in/hcservices/ To 1. The Secretary to Govt., Education Department, Fort St. George, Chennai.9. 2. The Collector of Virudunagar District, Virudhunagar. 3. The Chief Educational Officer, Virudhunagar. + 1 CC to the Govt.Pleader (SR No.12083) WP No. 38366/2006 KK(CO) https://hcservices.ecourts.gov.in/hcservices/