ORIGINAL APPLICATION... v. The Secretary, Educa...

(Pronounced by The Hon'ble Mr. R.Satapathy, Administrative Member) Aggrieved by the selection and appointment of the respondents 4 to 14 as Pre-Primary School Teachers,this application is filed under Section 19 of the Administrative Tribunals Act, 1985 by five applicants for setting aside the appointment order bearing No.53/SSA/TPST/Engagement/2009 dated 18.11.2009 and consequently direct the respondents 1 to 3 to conduct selection and consider the case of the applicants in accordance with law.

2. The facts of the case as stated by the applicants are that they have passed SSLC and also hold a Diploma in Early Childhood Care and Education. In response to the Notification dated 26.9.2006 issued by the official respondents for filling up of nine posts of Pre-Primary School Teachers in Mahe Region of Puducherry, the applicants herein have applied for the said post. The eligibility condition as per the advertisement are those candidates who possess the SSLC and one year Certificate/Diploma Course or equivalent and they should have studied the regional language as one of the subjects in the SSLC. The method of recruitment is by way of aggregate of marks in SSLC as well as Diploma Course and appointment is to be given on the basis of such marks alone. It is further stated by the applicants that by a communication dated 15.6.2007, they were directed to appear for certificate verification and further by a Notification dated 3.12.2007, the applicants were called for an interview. The applicants responded on both the occasions. While so, the first respondent passed a G.O.Ms.No.109 dated 9.10.2009 by which the salary for the post of Pre-Primary School Teacher was enhanced to Rs.5000/- from Rs.2800/- and Rules were also framed in respect of the conditions of service and also the method of recruitment. As per the fresh rules framed, the recruitment is to be done by giving 30 marks to the academic and professional qualification, 40 marks to competitive written examination, 10 marks for registration in Employment Exchange, 10 marks for practical test and 10 marks for interview. Though the applicants were applied as per the Notification issued in the year 2006, the respondents have now selected respondents 4 to 14 as Pre-Primary School Teachers by the impugned order dated 18.11.2009 based on th rules framed in the year 2009. Hence the OA.

3. The applicants contended that the action of the respondents in filling up the post of Pre-Primary School Teachers contrary to the advertisement made by them is illegal and further the respondents appointed persons more than the advertised number of vacancies and on this score also, the appointments of the respondents 4 to 14 are liable to be set aside.

4. The respondents 1 to 3 have contested the application by filing a reply statement.

5. We have heard the learned counsel on both sides and perused the pleadings and the materials placed on record.

6. The main contention of the learned counsel for the applicants is that that the nine persons i.e. Respondents 4 to 14 who have been appointed to work as Pre-Primary School Teachers in Mahe Region have not been selected as per the Notification dated 26.9.2006 ( Annexure A.1). In this connection, learned counsel has drawn our attention to paragraph 9 of the reply statement wherein it is stated as follows: The respondents herein humbly submit that out of the 58 candidates, the following 9 candidates were selected based on the aptitude, age, experience, family background and marks obtained in the SSLC and Pre-Primary Teacher Training Course for the post of Pre-Primary School Teacher and 4 candidates were kept in the wait list by the Recruitment Committee for the selection of Pre-Primary School Teachers in Mahe Region in the meeting held on 18.12.2007, consisting of the following Committee Members:

1. Regional Administrator, Mahe - Chairman 2.Chief Educational Officer, Mahe - Member 3.Headmistress, GMS, Avaroth - Co-opted Member Select List (CEO), Mahe S.No. Name of the applicant Category Marks Age as on 27.10.2006-years -months Name of the Institution /Qualification Salina V.M.(PP036) 54.258 35-07 Bharat Sevak SamajSisulekkshmi(Nursery School)Teachers Training Course Anitha Kitthaparambath(PP005) 55.083 36-01 Indian Council for Child Welfare-Balasevika Training Course Rojabai V (PP003) 61.958 39-07 Indian Council for Child Welfare Baltasevika Training Course Preetha M.K. (PP007) 45.250 40-05 Indian Counsil for Child Welfare 'Balasevika Training Course Vinitha Vijayan (PP004) 48.333 36-11 Indian Council for Child Welfare Balasevika Training Course Sanida K.P. (PP057) 60.387 32-02 Bharat Sevak Samaj Sisulekkshmi(Nursery School) Teachers Training Course Kala J.C. (PP011) 52.396 31-06 Kerala State Council for Child Welfare Balasevika Training Course Ancy Aravindan 55.720 24-09 Bharat Sevak Samaj Sisulekkshmi(Nursery School) Teachers Training Course Soujath V (PP108) 61.834 23-04 Bharat Sevak Samaj Sisulekkshmi (Nursery School) Teachers Training Course Wait List (CEO, Mahe) S.No. Name of the applicant Category Marks Age as on 27.10.2006 Years-months Name of the Institution/Qualification Divya K (PP028) 46.788 21-11 Bharat Sevak Samaj Sisulekkshmi(Nursery School) Teachers Training Course Mini P.P (PP006) 51.792 40-08 Bharat Sevak Samaj Sisulekkshmi(Nursery School)Teachers Training Course Uma Sankarai M (PP068) 56.896 34-07 Board of Government Examination, Department of Education, Kerala Pre Primary Teachers Training Certificate Shiji K (PP066) 52.652 31-05 Bharat Sevak Samaj Sisulekkshmi(Nursery School) Teachers Training Course This clearly show that the respondents have introduced a new criteria of selection like aptitude, age, experience etc. When this was brought to the notice of the learned cousnel for the official respondents, he has stated that though there is a deviation from the conditions mentioned in the initial Notification, the entire selection should not be set aside. Learned counsel for the respondents fairly agreed that a direction can be issued to the respondents to consider the case of the applicants and post them as Pre-Primary School Teachers in the Mahe Region.

7. From the facts of the case, we find that the nine Teachers who have been appointed have already rendered four years of service and at this stage setting aside their selection/appointment as sought for by the applicants, will result in dysfunctioning of school education. Therefore, we desist from doing so. However, since the respondents have denied selection to applicants by not following the notified procedure of selection, we direct the official respndents to convene a review selection committee and consider the case of the applicants for appointment as Pre-Primary School Teachers in the Mahe Region on a consolidated amount fixed by the respondents. This exercise shall be completed within a period of six weeks from the date of receipt of a copy of this order.

8. The OA is disposed of as above without any order as to costs. (R. SATAPATHY) (G. SHANTHAPPA) MEMBER(A) MEMBER(J)

25 .1.2012