S. VIMALRAJ AND ORS. Vs. THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, SCHOOL EDUCATION (C2) DEPARTMENT AND ORS.

JUDGEMENT

(1.) This Writ Appeal is filed against the Order of the learned Single Judge made in W.P. No. 2257 of 2012 dated 6.3.2012 wherein the Appellants have prayed for issuance of Writ of Declaration declaring Schedule-A to Rule 10-A(a) of the Tamil Nadu State Subordinate Service Rules insofar as restricting the recruitment, only by calling the names of eligible candidate from Employment Exchange as ultra vires and unconstitutional and hit by Article 14, 16(1) & 21 of the Constitution of India along with consequential prayer. Learned Counsel appearing for the Appellants submitted that the Appellants are restricting to the first portion of the prayer and not pressing the second portion of the prayer namely, the consequential prayer.

(2.) The said submission made by the learned Counsel for the Appellants is recorded.

(3.) The grievance of the Appellants as stated in the Affidavit filed in support of the Writ Petition was that the Appellants have passed the Higher Secondary Examination and underwent first year Diploma Course in Teachers Education in the year 1992-1993 in an Institution which was enjoying temporary recognition. The recognition granted to the said Institution namely Good Samaritan Teachers Training Institute, Pudukottai, was set aside by the Division Bench of this Court in W.P. No. 9494 of 1992 along with batch of cases by Judgment dated 27.4.1993. By virtue of the said Judgment, about 28,000 Teacher Training students, who underwent the course in those Private Teachers Institutes were affected and the Government of Tamil Nadu took a Policy decision to give training to the affected students through Government Teacher Training Institutes in a phased manner. Thereafter, the National Council for Teacher Education Act came into force from 1.7.1995 and the National Council Teacher Education Act prescribed uniform syllabus and curricular for Teacher Education throughout India. The Appellants also underwent the said course and completed the same in the year 2006-2008 (Two years course). By virtue of the selection given on the basis of seniority in the registration in the Employment Exchanges for the post of Secondary Grade Teachers, the Appellants right having been affected, they have chosen to file the Writ Petition challenging Rule 10-A(a), as it restricts the appointment of Secondary Grade Teachers only through Employment Exchange with consequential prayer.