K. GOVINDARAJ Vs. THE STATE OF TAMIL NADU

JUDGEMENT

(1.) IN this Writ Petition, the petitioner seeks for issuance of a Writ of Mandamus to direct the respondents to appoint him as Post Graduate Assistant in Tamil, based on the marks secured by him in the examination held by the Teachers Recruitment Board on 21.07.2013.

(2.) THE petitioner applied to the post of Post Graduate Assistant (Tamil) in response to the advertisement dated 09.05.2013. The petitioner appeared for the written examination and secured 103 marks and was called for certificate verification on 30.12.2013. On scrutiny of the records/certificates, the petitioner was treated as ineligible on the ground that he has acquired M.A. degree in Tamil and B.Ed degree simultaneously during the same period. Therefore, the petitioner has come forward with this writ petition and seeks for issuance of a direction to select and appoint him as Post Graduate Assistant in Tamil.

(3.) THE learned Government Advocate appearing for the respondent submitted that the petitioner completed his 10th standard in March 2001, Higher Secondary course in March 2003, joined B.Lit course, which is a three year course and completed the same in December 2006, joined first year M.A., course in Tamil through distance education and underwent the M.A., second year study till May 2010. The petitioner joined B.Ed course as regular candidate in 2008 and completed the same in June 2009. Thereafter, the petitioner continued the second year of the M.A., course through distance education and secured M.A., degree in May 2010. Therefore, it is submitted that the petitioner has simultaneously acquired both the degrees and the same cannot be done and it is not as per the approved pattern of study in G.O. Ms.No.107, School Education Department, dated 18.08.2009, and G.O. Ms.No.242, Higher Education, dated 18.12.2012 and contrary to the clarification issued by the Registrar, University of Madras by letter dated 12.01.2011. Further, it is submitted that the petitioner has studied M.A., degree course for three years by distance education and has done B.Ed., course during the duration period of M.A., degree course and he completed the B.Ed course during June 2009. At the same time, month and year of joining the second year M.A., degree after discontinuation also commences from the year June 2009. Hence, it is submitted that the course period for both the degrees in the year i.e., June 2009 clearly indicates the fact that the petitioner has studied two degrees simultaneously in the same year. Further, it is submitted that duration of the M.A., course in the regular stream as well as in the distance education is only two years and the petitioner has undergone two years M.A., degree course in distance mode and acquired B.Ed., degree midway by discontinuing first year M.A., course.