IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20.10.2008 CORAM: THE HON'BLE MR.JUSTICE P.JYOTHIMANI W.P.No.25171 of 2008 and connected miscellaneous petitions. 1.N.Jayalakshmi 2.E.Chandravadanam .. Petitioners vs. 1.The State of Tamil Nadu rep. By the Secretary School Education Higher Secondary Department Fort St.George, Chennai 9. 2.The Member Secretary/Chairman Teachers Recruitment Board Chennai 6. 3.The Director of School Education College Road, Chennai 6. 4.The Director of Government Examinations Chennai 6. .. Respondents Prayer : Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records of the second respondent pertaining to the list of provisionally selected candidates, published on 12/10/2008 for the Special Recruitment of Computer Instructors for Government Higher Secondary School 2006 - 2007 published in the internet and quash the same and direct the respondents to appoint only the candidates with a minimum 50 % qualifying marks vide D.O. Leter No. 31332/H S 2 / 2006 - 1 dated 17/10/2006 from the first respondent and fill up the left over vacancies by recruitting all eligible B.Ed and M.Ed candidates on employment seniority basis without any preference to the already employed computer instructors in Government Higher Secondary Schools and pass such action an other orders. For petitioners : Mrs.Hema Sampath,Sr.Counsel for Mrs.R.Meenal For respondents : Mr.G.Sankaran Spl.Government Pleader https://hcservices.ecourts.gov.in/hcservices/ O R D E R By consent of both the parties, the main writ petition itself is taken up for final disposal at the admission stage itself. 2. Heard Mrs.Hema Sampath, learned senior counsel appearing for the petitioners and Mr.G.Sankaran, learned Special Government Pleader (Education), appearing for the respondents who made submissions on getting instructions. 3. In this writ petition the petitioners challenge the impugned selection to the posts of Computer Instructor made by the Teachers Recruitment Board. The petitioners are the candidates who have passed B.Ed., examinations with computer qualification in 1999 batch. In the earlier batch of writ petitions, a learned Judge of this Court has held that the Computer Instructors with B.Ed. degree should be given preference at the time of appointment, compared to the candidates of the ELCOT, a nodal agency. As against the judgment of the learned Single Judge, the Division Bench of this Court while allowing the batch of writ appeals filed by the Government has recorded the statement made on behalf of the Government that appointment of Computer Instructors sponsored through the nodal agency was only an one-time measure and after exhausting the said appointment process, the remaining vacancies of Computer Instructors would be filled up with B.Ed. candidates possessing computer qualification, like the petitioners herein. 4. It is not in dispute that as against the judgment of the Division Bench in W.A.No.1152 of 2007 etc. batch dated 22.08.2008, an SLP has been preferred and the Hon'ble Supreme Court in the Special Leave to Appeal (Civil) No.25097 of 2008 by order dated 13.10.2008 has held that appointment of Computer Instructors will be subject to the result of the petition. It appears that the special test for the Computer Instructors for the candidates sponsored through the nodal agency was conducted on 12.10.2008 for a total vacancy of 1880 posts of Computer Instructor. However, as submitted by the learned Special Government Pleader Mr.G.Sankaran, out of 1880 vacancies, 1686 candidates sponsored through ELCOT, who have participated in the examination, are likely to be selected and the remaining approximate vacancy is 200. It is also admitted by the learned Special Government Pleader that as it was recorded in the Division Bench judgment that the said appointment of Computer Instructors was the one time measure, the remaining posts will be filled up only with the candidates who have studied B.Ed./M.Ed. having computer qualification and therefore, there is no difficulty that in respect of the remaining 200 posts of Computer Instructor, the appointment will be made from B.Ed./M.Ed., candidates with computer qualification, however subject to their Employment Exchange seniority. It is also not in dispute that the petitioners being the persons who are B.Ed. degree holders with computer qualification in the year 1999 itself, stand as seniors among the other candidates. 5. Even though the writ petition is filed challenging the selection process in respect of the ELCOT sponsored candidates only https://hcservices.ecourts.gov.in/hcservices/ on the basis of computer qualification, the said selection process need not be interfered at this stage on the basis of certain irregularities pointed out and in the light of the fair submission made on behalf of the respondent Government that the remaining vacancies will be filled up shortly and the petitioners being the senior most persons even as referred to by the Employment Exchange, will be considered for appointment as Computer Instructors. 6. The writ petition is disposed of by recording the above said statement of the learned Special Government Pleader that subject to the final disposal of Special Leave Petition pending before the Hon'ble Supreme Court, the recruitment process of appointing Computer Instructors with B.Ed./M.Ed. qualification would be completed by considering the case of petitioners at the earliest point of time according to their Employment Exchange seniority. No costs. Connected miscellaneous petition is closed. Since the entire issue is before the Hon'ble Supreme court, the above order is passed based on the submissions made by the learned Special Government Pleader and the same is subject to final decision of the Hon'ble Supreme court. Sd/- Asst. Registrar. /true copy/ Sub Asst. Registrar. kh To 1.The Secretary State of Tamil Nadu School Education Higher Secondary Department Fort St.George, Chennai 9. 2.The Member Secretary/Chairman Teachers Recruitment Board, Chennai 6. 3.The Director of School Education College Road, Chennai 6. 4.The Director of Government Examinations Chennai 6. 1 cc to Government Pleader, Sr. 58138 1 cc to Mr.R. Meenal, SR. 58174 W.P.No.25171 of 2008 KM (CO) kk 10/11 https://hcservices.ecourts.gov.in/hcservices/