IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 5-2-2008 CORAM THE HON'BLE MR.JUSTICE N.PAUL VASANTHAKUMAR W.P.No.46530 of 2006 & M.P.No.1 of 2006 Sister S.Sagaya Rani ... Petitioner Vs. 1. The State of Tamil Nadu, rep.by its Secretary, Department of School education, Fort St.George, Chennai - 600 009. 2. The Director of School Education, College Road, Chennai - 600 006. 3. The Chief Educational Officer, Villupuram - 605 602, Villupuram District. 4. The District Educational Officer, Villupuram - 605 602, Villupuram District. 5. The Correspondent, St.Ann's High School, Thensiruvallur Post, Pkkiravari (via), Kallakurichi, Villupuram District - 606 204. ... Respondents Prayer: This writ petition is filed under Article 226 of Constitution of India, praying this Court to issue a writ of Certiorarified Mandamus calling for the records relating to the impugned proceedings issued by the 4th respondent District Educational Officer in O.Mu.No.4646/A3/2006, dated 12.7.2006 (refusing approval to the appointment of the petitioner as Post Graduate Assistant), quash the same and further direct the 4th respondent to grant approval forthwith to the appointment of petitioner as Post Graduate Assistant on the basis of the educational certificates https://hcservices.ecourts.gov.in/hcservices/ issued by the competent Universities viz., B.A. Degree, B.Ed.Degree, M.A. Degree and M.Ed Degree. For Petitioner : Mr.Issac Mohanlal For Respondents 1to4: Mrs.Dakshayani Reddy, Government Advocate (Education) O R D E R By consent of both sides, the writ petition itself was taken up for final disposal. 2. Prayer in the writ petition is to quash the impugned proceedings issued by the 4th respondent District Educational Officer in O.Mu.No.4646/A3/2006, dated 12.7.2006, refusing approval to the appointment of the petitioner as Post Graduate Assistant and direct the 4th respondent to grant approval of appointment of petitioner as Post Graduate Assistant on the basis of the educational certificates issued by the competent Universities viz., B.A., B.Ed., M.A. and M.Ed Degrees. 3. At the time of arguments the learned counsel for the petitioner submitted that the petitioner was appointed as B.T.Assistant (Junior Grade) and hence he will be satisfied if he is approved in the post of B.T. Assistant (Junior Grade) from 5.8.2003 with salary and other benefits. The said statement is recorded. 4. The facts necessary for disposal of the writ petition are as follows: (a) Petitioner passed M.A.,M.Ed. degrees in English and was appointed as B.T. Assistant (Junior Grade) in English in the 5th respondent School on 5.8.2003. The said school is a recognised private aided minority school. The vacancy arose on account of the transfer of one Ms.Jenoviya to another school of the same management viz., to St.Joseph Higher Secondary School, Suramangalam. The 5th respondent School management submitted proposal to the 4th respondent for approval of the appointment of petitioner on 5.8.2003. All the educational certificates viz., SSLC, H.Sc, B.A., B.Ed., M.A., M.Ed., degrees together respective with mark lists were enclosed along with the proposal (b) The 4th respondent sent a communication to the 5th respondent School on 23.7.2004 and stated that the details regarding petitioner's pass in higher secondary were not sufficient and further directed to produce the particulars of the admission given in the college. Again, on 17.8.2004, the 4th respondent returned the proposal to the management. https://hcservices.ecourts.gov.in/hcservices/ (c) Petitioner approached the college where she studied viz., Stella Mary's College, Chennai, and as per the details of her admission, the College informed that the records beyond ten years were not preserved and the same are not available. The details of the petitioner's educational qualifications are as follows: Sl. No. Qualification College/University Date of Joining Date of Completion 1. S.S.L.C. St.Joseph's High School, K.G.F., Bangalore 7.6.1976 7.4.1978 2. H.Sc (+2) Private 11.6.1983 11.10.1984 3. B.A. Degree Stella Mary's College, Madras (University of Madras) 21.6.1987 15.4.1990 4. B.Ed Degree Annamalai University 12.6.1992 12.3.1993 5. M.A. Degree Annamalai University 15.5.1993 12.12.1995 6. M.Ed Degree Annamalai University 13.5.1996 11.5.1997 (d) The petitioner passed SSLC examinations in the State of Karnataka. She studied H.Sc. privately in Tamil Nadu, appeared for Government examinations in Chennai in April, 1984 with registration No.944177 and scored the following marks: Tamil ... 122 English ... 104 Elements of Economics ... 115 Elements of Commerce ... 072 Accountancy ... 100 Advanced Language-English... 057 Except in Advanced Language-English, petitioner scored more than 70 marks and in Advanced English, she scored only 57 marks. (e) Petitioner passed B.A.Degree by undergoing the course from June, 1987 to April, 1990 through Stella Mary's College, Madras. Petitioner joined B.Ed degree in Annamalai University through correspondence course and passed the same in May, 1993 with optional subject as English and Special English. Petitioner also joined M.A.degree in Annamalai University through correspondence course and https://hcservices.ecourts.gov.in/hcservices/ passed the same in December, 1995. Petitioner joined M.Ed. during 1996- 1997 and passed the examinations in May, 1997. (f) The rejection of approval is challenged in this writ petition on the ground that the Tamil Nadu Recognised Private Schools (Regulation) Rules, 1974, prescribes qualification for appointment as B.T. Assistant (Junior grade) with B.A./B.Sc. with B.Ed/B.T. degrees. Nowhere it is stated that the B.T.Assistant should have passed Higher Secondary. Pointing out the said statutory rule, the learned counsel for the petitioner submits that rejection of approval by the 4th respondent is unsustainable as the petitioner is fully qualified as per the Rules. 5. The learned Government Advocate appearing for the respondents 1 to 4 on the basis of the counter affidavit submitted that the petitioner having not passed H.Sc (+2) examinations, is not entitled to get approval of her appointment as B.T.Assistant (Junior Grade) in aided school. The claim made by the petitioner that she was appointed as P.G. Assistant is also objected as the petitioner was appointed only as B.T. Assistant cadre (Junior grade). 6. I have considered the rival submissions of the learned counsel appearing for the petitioner as well as the learned Government Advocate. 7. The point in issue is whether the petitioner's appointment as B.T. Assistant (Junior Grade) in the 5th respondent School in a vacant post is to be approved and whether the petitioner is qualified for being appointed to the said post. 8. The qualification for appointment as B.T.Assistant (Junior Grade) in private schools is prescribed in Annexure V-A of the Tamil Nadu Recognised Private Schools (Regulation) Rules, 1974 - in Rule 15(6- A). In the said rule it is clearly stated that for junior grade B.Ed Teacher in the Middle School/High School and Higher Secondary School, the qualification required is B.A. or B.Sc from any university in the State or its equivalent and B.T. or B.Ed. 9. Admittedly, petitioner has passed B.A., B.Ed., M.A., and M.Ed. degrees from the recognised Universities. Pass in +2 is not the required qualification as prescribed. In the impugned order the only reason stated for rejecting the approval is that the petitioner has not passed +2 examinations in one subject. Even persons underwent B.Ed/B.T. through Open University Scheme are eligible and qualified for appointment as B.T.Assistant in Government Schools as per G.O.Ms.No.216 P&AR Department, dated 26.8.1987 and those possessing higher qualification, though through Open University Scheme, are eligible to get incentive increment as per G.O.Ms.No.307 School Education Department, dated 15.7.2000. https://hcservices.ecourts.gov.in/hcservices/ 10. Similar issue as to whether a person, who was not having +2 qualification, however passed B.A. and B.Ed degrees through Open University Scheme, is entitled to be appointed as Junior grade B.T. Assistant in Government Schools, came up for consideration before this Court in the decision reported in (2006) 2 MLJ 408 (B.S.Geethabai v. State of Tamil Nadu), wherein I have considered the Government Orders referred above and held that even if a candidate does not possess +2 qualifications and passed B.A. and B.Ed degrees through Open University stream, is entitled to be appointed as B.T. Assistant (Junior Grade) in the Government Schools. The said facts are equally applicable to the facts in this case, except a difference in this case that the petitioner is appointed in a private aided school and the petitioner in the above referred reported case was directed to be appointed in a Government School in the same cadre with same qualification in the same scale of pay. 11. In view of the above findings, I hold that the impugned order passed by the 4th respondent is unsustainable. The 4th respondent is directed to approve the appointment of the petitioner as B.T. Assistant (Junior Grade) from 5.8.2003, the date of her appointment with salary and other benefits. Necessary orders are directed to be passed by the 4th respondent, within four weeks from the date of receipt of copy of this order and arrears of salary payable to the petitioner till January, 2008, shall be calculated and paid to the petitioner, within six weeks from the date of receipt of copy of this order. The writ petition is allowed with the above directions. No costs. Connected miscellaneous petition is closed. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar vr https://hcservices.ecourts.gov.in/hcservices/ To 1. The Secretary, Department of School education, Fort St.George, Chennai - 600 009. 2. The Director of School Education, College Road, Chennai - 600 006. 3. The Chief Educational Officer, Villupuram - 605 602, Villupuram District. 4. The District Educational Officer, Villupuram - 605 602, Villupuram District. SA(CO) km/13.2. W.P.No.46530 of 2006 & connected MP. https://hcservices.ecourts.gov.in/hcservices/