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V. Krishnaveni v. Director of Elementary Education - W.P.NO.20637 OF 2000  RD-TN 363 (14 June 2002)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
THE HONOURABLE MR. JUSTICE P.K. MISRA
W.P.NO.20637 OF 2000
W.M.P.Nos.30018 & 30019 OF 2000
V. Krishnaveni .. Petitioner Vs.
1. Director of Elementary Education,
2. District Elementary Educational
N.K.G. Middle School,
Virudhunagar District. .. Respondents Petition filed under Article 226 of the Constitution of India for the issuance of Writ of Mandamus as stated therein.
For Petitioner : Mr.C. Selvaraju
For Respondents : Mr.S.P. Prabhakaran
Special Government Pleader
:O R D E R
Heard the learned counsels appearing for the parties. Though the matter is listed for considering the question of direction, on consent of the counsels appearing, writ petition is taken up for disposal.
2. The question in this writ petition relates to approval of the petitioner as Secondary Grade Assistant. This post is reserved for Scheduled Caste. There is no dispute that the petitioner belongs to Scheduled Caste. Educational qualification required for such Secondary Grade Assistant is Diploma in Teacher Education or Secondary Grade Teacher Training Certificate. Petitioner is a Graduate with B.Ed., which admittedly is a higher qualification. Since no candidate belonging to Scheduled Caste having minimum qualification was available, on the basis of Non Availability Certificate issued by the Employment Exchange, an advertisement was made and the petitioner was selected. Subsequently the petitioner was appointed on 20.4.1998.
3. In the present case, the Government has refused to accord approval on the ground that since G.O was issued on 15.10.1999, it will not apply to the case of the petitioner, who was appointed on 20.4.19 98. In my considered opinion this is only a technical objection raised by the Government. Even though G.O.Ms.No.301 was issued on 15.10.1999, such instruction was issued taking into account the vacancies of the years 1997 and 1998 and therefore, any person appointed in 199 8 and otherwise qualified, should not be disapproved on this technical ground.
4. The other ground for not according the approval is that the appointment had been made without resorting to employment exchange. This does not appear to be correct. It is apparent that since the candidate belonging to Scheduled Caste having minimum qualification was not available, the Employment Exchange has issued Non-Availability Certificate and only thereafter advertisement was issued seeking for Scheduled Caste candidate possessing higher qualification.
5. In the counter it has been stated that Non Availability Certificate was valid upto 6.4.1998, whereas the appointment was made on 20.4 .1998. This again appears to be a highly technical stand taken in the counter. It is evident that selection process had been started much before 6.4.1998 and only after completing all formalities and after selection, appointment was made on 20.4.1998.
6. Since the grounds on which the prayer for approval has been refused are not valid, I quash the order passed by the second respondent in his proceedings Na.Ka.406/Aa2/98 dated 19.9.2000 and I direct the Government to reconsider the matter in the light of the observations already made and take steps to grant approv al within a period of two months from the date of communication of the order. The writ petition is accordingly disposed of without any order as to costs. Consequently, W.M.P.Nos.30018 & 30019 of 2000 are closed.
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1. Director of Elementary Education,
2. District Elementary Educational Officer,
Virudhunagar, Virudhunagar District.
3. Secretary, N.K.G. Middle School, Nachiarpatty, Srivilliputtur Taluk, Virudhunagar District.
P.K. MISRA, J.
Order in W.P.NO.20637/2000
and WMP.Nos.30018 & 30019 of 2000
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