IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 29.6.2009 CORAM THE HONOURABLE MR. JUSTICE R.SUDHAKAR Writ Petition No.26692 of 2003 R.Chitra. ... Petitioner vs. 1.The Secretary to Government of Tamil Nadu, Department of School Education, Secretariat, Fort St. George, Chennai-9. 2.Avinashilingam Institute for Home Science & Higher Education for Women-Deemed University, represented by its Registrar, Coimbatore-641 043. ... Respondents Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, calling for records of the first respondent culminating in letter No.5969/U1/2003-1 dated 12.6.2003 and quash the same and to direct the first respondent herein to absorb the petitioner as intermediate teacher for 1st and 2nd standards in primary schools based on the diploma in early childhood education dated 13.11.1996 issued by the 2nd respondent to the petitioner as per G.O.Ms.No.172 (Department of School Education) dated 31.10.2002. For Petitioner : Mr.S.Murugappan For Respondents : Mr.A.Suresh, Government Advocate for R1 : Mr.P.Srinivas for R2 ----- O R D E R This Writ Petition is filed praying to issue a Writ of Certiorarified Mandamus, calling for records of the first respondent culminating in letter No.5969/U1/2003-1 dated 12.6.2003 and quash the same and to direct the first respondent to absorb the petitioner as intermediate teacher for 1st and 2nd standards in primary schools as https://hcservices.ecourts.gov.in/hcservices/ per G.O.Ms.No.172 (Department of School Education) dated 31.10.2002, based on the Diploma in Early Childhood Education dated 13.11.1996 issued by the 2nd respondent to the petitioner. The prayer in the writ petition is not happily worded. 2. The brief facts for disposal of this writ petition is as follows:- The petitioner joined the second respondent institute and underwent two year Diploma Course in Early Childhood Education. She joined in the year 1994 and completed the course in the year 1996. On 13.11.1996, a Diploma in Early Childhood Education certificate was issued by the second respondent. In the prospectus for the above said course, it has been clearly mentioned that the job opportunities for the above said Diploma course is "Teachers in Preschools/Creches/Anganwadies". This was clarified by the second respondent institute by letter dated 19.11.1998. Petitioner made a representation dated 7.2.2003 to the Secretary to the Government stating that the petitioner passed the Diploma Course as above and the petitioner is entitled to appoint as primary teacher in primary school. In this regard, petitioner relied upon G.O.Ms.No.172 dated 31.10.2002. According to the Secretary to the Government, on and from 1.7.1995, the Teacher Training Course is governed by National Counsel for Teacher Education (NCTE). Prior to 1.7.1995, the institute should be recognised by the State Government. In this case, the second respondent institute did not obtain the recognition of the State Government. Hence, the petitioner could not be appointed as primary teacher in terms of G.O.Ms.No.172 dated 31.10.2002. 3. A counter-affidavit has been filed by the second respondent stating that the Diploma Course granted to the petitioner is for Early Childhood Education and does not qualify for employment in the primary school. Even the prospectus is very clear on that aspect. 4. First respondent has not filed any counter-affidavit. However, the learned Government Advocate referred to the G.O. and stated that in accordance with the provisions of G.O.Ms.No.172 dated 31.10.2002, the petitioner, a Diploma holder, does not qualify to be appointed as a primary school teacher in primary school. In terms of the G.O.172 dated 31.10.2002, in order to be appointed as a primary school teacher, the candidate should have completed the course in Pre-Primary Teacher Training Institute or Pre-basic Teacher Training Institute recognised by the Government. The petitioner has not completed the course under the Pre-Primary Teacher Training Institute or Pre-basic Teacher Training Institute and is not entitled to any relief. 5. Learned counsel for the petitioner says that the Diploma issued by the second respondent is equal to that of the one referred to in the G.O. In the writ petition, there is nothing to show that https://hcservices.ecourts.gov.in/hcservices/ the second respondent institute, which issued the Diploma certificate is recognised by the first respondent, the State Government and the Diploma issued by the second respondent is equivalent to a certificate or qualification given by an institute, viz., Pre-Primary Teacher Training Institute or Pre-basic Training Institute approved by the Government. 6. For appointment to the post of primary teacher in a primary school, the petitioner has to necessarily qualify in terms of G.O.Ms.No.172 dated 31.10.2002. The G.O. further clarifies that on and from 1.7.1995, as per the National Counsel for Teachers Education's guideline and in terms of the G.O.172 dated 31.10.2002, in order to be appointed as a primary school teacher, the candidate should have completed the course in Pre-Primary Teacher Training Institute or Pre-basic Teacher Training Institute. Petitioner in this case does not qualify in terms of G.O.Ms.No.172 dated 31.10.2002 as she does not have the requisite qualification. Further, there is no material to hold that the Diploma certificate issued by the second respondent is equivalent to the certificate or qualification prescribed in the Government Order, viz., Pre-Primary Teacher Training Institute or Pre-basic Training Institute Certificate. The prospectus issued by the second respondent says that Diploma in Early Childhood Education is applicable for working as Teacher in Preschools/Crèches/Anganwadies. No other plea or provision of law has been pointed out by the counsel for the petitioner to seek the relief in terms of the prayer in the writ petition. 7. In such circumstances, finding no merits, the writ petition is dismissed. No costs. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar ts To The Secretary to Government of Tamil Nadu, Department of School Education,Secretariat, Fort St. George,Chennai-9. 1 cc To Mr.S.Murugappan, Advocate, SR.27451 1 cc To Mr.P.Srinivas, Advocate, SR.27116 1 cc To The Government Pleader, SR.26987 W.P.No.26692 of 2003 VSN(CO) SRA(15/7/2009) https://hcservices.ecourts.gov.in/hcservices/