The Hindu : New Delhi News : Court bars regularisation of 906 computer instructors

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Friday, Jul 10, 2009
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Court bars regularisation of 906 computer instructors

J. Venkatesan

New Delhi: The Supreme Court on Thursday held that 906 candidates out of the total 1,714 candidates, who had secured less than 50 per cent marks in the Special Recruitment Test, cannot be regularised as permanent computer instructors in government schools in Tamil Nadu.

A three-judge Bench of Chief Justice K.G. Balakrishnan, Justice P. Sathasivam and Justice Mukundakam Sharma held that only those 894 candidates who had secured more than 50 per cent of the qualifying marks would be held to have qualified the test. The remaining would be treated as unsuccessful/failed and, therefore, ineligible to be recruited and absorbed in government schools. Allowing appeals filed by Tamil Nadu Computer Science B.Ed Graduate Teachers Welfare Society, the Bench pointed out that the minimum qualifying marks was 50 per cent. While publishing the list of selected candidates, the government reduced this to 35 per cent. Writing the judgment, Mr. Justice Sharma said, “It is thus established that the government changed the rules of recruitment and terms and conditions of appointment mid-way after the selection process was initiated.” This was arbitrary and unjustified.

However, the Bench gave liberty to State government to hold a fresh recruitment test to fill remaining posts, “which we are told will be more than 1,000, by holding a recruitment test in terms of assurance given to the High Court.”

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