LexTAMIL NADU COMPUTER SCIENCE, B.ED. GRADUATE TEACHERS WELFARE SOCIETY versus HIGHER SECONDARY SCHOOL COMPUTER TEACHERS ASSOCIATION & ORS.
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
[2009) 15 (ADDL.)'S~C.R. 1033
TAMIL NADU COMPUTER SCIENCE, {3.ED.
1GRADUATE
.A
TEACHERS WELFARE SOCIETY
v.
HIGHER SECONDARY SCHOOL. COMPUTER TEACHERS
ASSOCIATION & ORS.
I.A. Nos. 2-6 and 7 of 2009
IN
Civil Appeal No. 4187 of 2009
NOVEMBER 19, 2009
[K.G. BALAKRISHNAN, CJI, V.S. SIRPURKAR AND P.
SATHASIVAM, JJ.]
SERVICE LAW:
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c
SPECIAL RECRUITMENT DRIVE -
Computer
Instructors in schools - Clarification of order dated 9. 7. 2009
passed by Supreme Court1 -
Held: State Government is o
permitted to: (i) conduct examination of the candidates who
have secured 35% to 49% marks in the examination and
declare the results of the candidates who secured more than
50% marks as eligible candidates for appointment; and (ii)
recruit Vocational Computer Instructors for the existing 175
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vacancies and future vacancies for the post of Computer
Instructors through the Employment Exchange based on the
seniority with the Employment Exchange as per the policy
decision of the State Government as well as Government
Orders applicable to appointment to the post of Computer
Instructors - It is further clarified that the figures appearing in
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paras 10, 12 and 14 of the judgment dated 09.07.2009 may
be read as 894 instead of 857 and 792 instead of 829 -
Education/Educational institutions.
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 4187
of 2009.
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IA No. 2-6 & 7
1.
(200Q) 10 SCR 522.
1033
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1034 SUPREME COURT REPORTS [2009] 15 (ADDL.) S.C.R.
A
IN
Civil Appeal No. 4187 of 2009.
\. .
From the Judgment & Order dated 22.08.2008 of the High
Court of Judicature at Madras in Writ Appeal No. 1152 of 2007.
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WITH
.~
I.A. Nos. 3-8 in C.A. Nos. 4188-4189 of 2009.
Gopal Subramaniam, SG, N. Chidambaran, Hema
Samopath, L.N. Rao, Nupur Kanungo (for Vikas Mehta), N.
Sheba, Sri Ram J. Thalapathy, V. Adhimoolam, G. Umapathy,
c Vibhu Tiwari (for Rakesh K. Sharma), Sankaran, S.
Thananjayan, for the appeari~g parties.
The Order of the Court was delivered by
ORDER
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P. SATHASIVAM, J. 1. By a common judgment dated
09.07.2009, this Court, in Civil Appeal No. 4187 of 2009 etc.,
allowed the appeals filed by the appellant-herein with the
following observations/ directions:-
"(a) Only those candidates who had secured more than
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50% qualifying marks in the Special Recruitment Test shall
be treated as qualified and recruited as Computer
Instructors and they shall be so absorbed and their service
shall be so regularized in accordance with law;
(b) The remaining candidates who had secured less than
,
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50% qualifying marks but above 35% marks should be
declared and held to be unsuccessful and failed in the said
Special Recruitment drive but they would be allowed to
appear in the next Recruitment Test to be held for filling up
the remaining vacant posts of Computer Instructors without
insisting upon them to have B. Ed. degree as one time
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exception and concession;
(c) The State Government shall also hold the said test by
inviting applications through issuing an advertisement and
also allow candidates to take the test sponsored by the
Employment Exchange. In the said test all other rules of
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TAMIL NADU COMPUTER SCIENCE, BED. GRADUATE TEACHERS WELFARE SOCIETY 1035
v. HIGHER SECONDARY SCHOOL COMPUTER TEACHERS ASSN. [P. SATHASIVAM, J]
appointment for such post and the rules of reservation would
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.. .j
also apply. The only exception would be the candidates who
had received more than 35% marks in the earlier Special
Recruitment drive but less than 50% marks which was
qualifying marks may not have B.Ed. degree, which would
be treated as one time exception for them as they were
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working as Computer Instructor."
2. After disposal of the appeals on the above terms, both
parties to the proceedings have now filed the present
applications for clarification/directions.
3. Higher Secondary School Computer Teachers c
Association-first respondent in Civil Appeal No. 4187 of 2009
has filed I .A. Nos. 2 and 3 of 2009. In I .A. No. 2, they prayed for
correction of the figures appearing in paras 10, 12 and 14 of the
judgment dated 09.07.2009 passed by this Court in Civil Appeal
No. 4187 of 2009 as "857 to read as 894 and 829 to read as
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792"
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4. In I .A. No. 3 of 2009, the very same applicant has prayed
for clarification to the effect that in the proposed test to be held
by the State Government in terms of the common judgment, all
candidates who secured more than 50% marks wouExcerpt shown. Read the full judgment & AI analysis in Lexace.