N.Shanthi v. Director,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.08.2017

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.23371 of 2004 and W.M.P.No.28310 of 2004 N.Shanthi ... Petitioner Vs.

The Director, Teacher Education, Research and Training, Chennai - 6.

... Respondent Prayer:

Petition filed under Article 226 of the Constitution of India to issue a writ of Certiorarified Mandamus to call for the records pertaining to the order passed by the respondent in Proceedings O.Mu.No.7637/C3/2003 dated 02.12.2003, quash the same and direct the respondent to evaluate the Karnataka Teacher Training Certificate of the petitioner so as to enable her to get appointment as Secondary Grade Teacher.

For Petitioner : Mr.S.Mani For Respondent : Mr.A.Zakkir Hussain, Government Advocate.

O R D E R

The petitioner has filed the above writ petition challenging the order passed by the respondent dated 02.12.2003, by which, the request for issuance of Evaluation Certificate was rejected on the ground that without basic qualification of Plus two, the petitioner was admitted for the Teachers' Training course by Noorie Teacher's Training Institute, K.G.F., which is not permissible as per G.O. M.S. No.588, Education Department, dated 21.05.1991 and the relevant paragraph of the said Government order is as follows.

"3.The Government after careful examination have decided to accept the proposal in the interest of improvement of quality of teacher Education.

The Government accordingly direct that for admission of students to the Diploma in Teacher Education course in the Teacher Training Institutes in the State, the qualification shall be a pass in Higher Secondary (Plus two) examination with a minimum of 50% of marks in the aggregate. The qualification for Scheduled caste and Schedule Tribe candidates shall however continue to be a pass in Higher Secondary (Plus two) examination. These orders hall take effect from the year 1991-92."

2. In the present case, admittedly, the petitioner appeared for higher secondary(plus two) examination held in March, 1997, and failed in the English paper. In the supplementary examination held in September, 1997, the petitioner has completed her plus Two. Though the result was not declared, by giving an undertaking to furnish the mark sheet in respect of Plus Two, she joined in Teacher Training Course on 21.10.1997 in Noorie Teachers' Training Institute, Andersonpet, Kolar Gold Field, Karnataka State. As per undertaking, the petitioner has produced her mark sheet well before the approval of her admission and has completed her Teacher Training Course in November, 1999. After completion of the Teacher Training Course, she applied for Evaluation Certificate, which was rejected by the respondent on the ground that without basic qualification of Plus two, she was admitted in the Teacher Training Institute.

3. A perusal of the G.O. M.S. No.588, Education Department, dated 21.05.1901, would clearly show that for admission of students to the Diploma in Teacher Education course in the Teacher Training Institutes in the State, the qualification shall be a pass in Higher Secondary (Plus two) examination with a minimum of 50% of marks in the aggregate. When the petitioner has not possessed the qualification of plus two at the time of admission itself, I do not find any reason to interfere with the order impugned. Accordingly, the writ petition stands

dismissed. No Costs. Consequently, the connected miscellaneous petition is also dismissed.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar raa To The Director, Teacher Education, Research and Training, Chennai - 6.

W.P.No.23371 of 2004 pa(co) aa21/09/2017