LexTAMIL NADU COMPUTER SC. B.ED. G.T. WELFARE SOCIETY, versus HIGHER SEC. SCL. COMPUTER TECH. ASSN. & ORS.
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
[2009) 10 S.C.R. 522 A TAMIL NADU COMPUTER SC. B.ED. G.T. WELFARE SOCIETY v. HIGHER SEC. SCL. COMPUTER TECH. ASSN. & ORS. (Civil Appeal No. 4187 of 2009) B JULY 9, 2009 [K.G. BALAKRISHNAN, CJI., P. SATHASIVAM AND DR. MUKUNDAKAM SHARMA, JJ.] c Service law - Recruitment - Post of computer instructors - Policy decision of the Government regarding appointment - Special recruitment test whereby B Ed qualification .... dispensed with and minimum qualifying marks would be 50% - Contract employees as computer instructors in Government D Schools for a long time eligible for the test - Alteration of minimum qualifying marks from 50% to 35% after holding examination and when result was to be announced - Challenge to - Held: Special Recruitment Test was ordered to be held for selection and recruitment as also absorption of •. E existing computer instructors by giving them one time , opportunity - Decision was taken on sympathetic consideration - Such test was held by laying down the Rules through policy decision which laid down the criteria - It was sacrosanct and was required to be followed for all practical F purposes - However, change in qualifying nonns from 50% to 35% is arbitrary and unjustified - Candidates securing more than 50% qualifying marks would be held to have qualified the test - Candidates securing less than 50% and more than 35% would be treated as unsuccessful but would G be allowed to appear in the next recruitment test. In the instant appeal before this Court, the appellants had challenge the decision of the Government in conducting a special recruitment test against the Rules H 522 T. NADU COMP. SC. B.ED. G.T. WELF. SOC. v. HIGHER SEC. 523 ( SCL. COMP. TECH. ASSN. and Guidelines for the recruitment of Computer A Instructors and altering the minimum qualifying marks from 50% to 35% after the holding the examination and -at the time when the result of the examination was to be announced. Partly allowing the appeal, the Court B ~ HELD: 1.1. The contract employees who were appointed by the contractor were dischargin~ their duties as Computer Instructors in the Government Schools for a number of years on a consolidated pay. c Their plea for regularization of their service was, however, rejected by the Court holding, inter alia, that they have no such vested right to claim for such regularization. However, in order to give them one opportunity to get· themselves-properly selected and then absorbed against D · regular posts, one time opportunity was given to them by the Government for getting themselves selected and then recruited and absorbed considering the fact that they were engaged and paid from the fund released by the Government. Qualifications and norms for such Special E Recruitment Test for the post of Computer Instructors .! were also laid down by issuing a policy decision and instructions wherein it was provided. that the minimum qualifying marks would be 50%. The Government on 04.10.2006 laid down the said instructions whereas the F Special Recruitment Test was scheduled to be held on 12.10.2008, which was a Sunday. The test as scheduled was also held in which some candidates had received more than 50% marks whereas some of them secured marks below 50% but above 35% and they have also G ~ been shown as qualified in the test in terms of• the amended decision taken by the Government of Tamil Nadu pn the night of 10.10.2006 i.e. after the recruitment process was started and even after the Special H 524 SUPREME COURT REPORTS [2009] 10 S.C.R. A Recruitment Test was held. [Para 12) (531-E-H; 532-A-C] 1.2. It is clearly established from the records that in order to give one time opportunity, a Special Recruitment Test was ordered to be held for selection and recruitment 8 as also absorption of existing Computer Instructors. The said decision was taken on sympathetic consideration and with the intention of doing justice to those existing Computer Instructors, who were working in Government Schools for a very long time. Such a recruitment drive and test was held by laying down Rules of Recruitment C thereby providing a level playing field for all concerned. Prior to holding of the said Test guidelines were formulated tlirough a policy decision laying down the criteria that the minimum qualifying marks in the said test would be at least 50%. The said guidelines of D Recruitment as laid down through a policy deci
Excerpt shown. Read the full judgment & AI analysis in Lexace.